Patna High CourtCR. MISC./17781/2023bail granted

Ram Nath Thakur @ Ram Nath Mahto v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17781 of 2023 Arising Out of PS. Case No.-468 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Ram Nath Thakur @ Ram Nath Mahto Son Of Om Prakash Mahto @ Om Mahto R/O Maharajganj, Ward No. 13, P.S- Madhubani Town DistMadhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Madhubani (Town) P.S. Case No. 468 of 2022 dated 28.11.2022 registered for the offences u/ss 461 and 379 of the Indian Penal Code.

4. As per the prosecution case, some unknown miscreants looted four mobiles, one tablet, 10 silver coins, Rs. 6,09,715/- in cash and other articles after breaking the lock of the informant's shop.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.17781 of 2023(3) dt.02-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Shambhu Paswan. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 05.05.2023 passed in Cr. Misc. No. 13717 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.12.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Madhubani (Town) P.S. Case No. 468 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T