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Patna High CourtCR. MISC./17119/2020bail granted

Sunil Kumar @ Sunil Kumar Mahto v. The State Of Bihar

2020-09-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17119 of 2020 Arising Out of PS. Case No.-336 Year-2018 Thana- RAJGIR District- Nalanda ====================================================== SUNIL KUMAR @ SUNIL KUMAR MAHTO Son of Tilakdhari Mahto Resident of Village - Mudaffarpur, P.S.- Rajgir, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Ajeet Kumar For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic.

Heard the learned counsel for the petitioner and Ms. Sucheta Yadav, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Rajgir PS case no. 336 of 2018 registered for the offences punishable under Sections 379/411 of Indian Penal Code. The allegation is regarding the water motor having been stolen from the house of the informant, which was recovered and seized by the police, after a search was made in the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted

Patna High Court CR. MISC. No.17119 of 2020(2) dt.11-09-2020 2/2 that the petitioner is ready to deposit the cost of the motor, as determined by this Court, in order to show his bonafides. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the fact that the petitioner is ready to deposit the cost of the motor in order to show his bonafides, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, however subject to him depositing a sum of Rs. 10,000/- with the Nazarat of the learned Civil Court, Nalanda at Biharsharif and upon the petitioner showing proof of deposit of said sum of Rs.

10,000/- before the learned court of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir PS case no. 336 of 2018, the learned court below shall admit the petitioner to the privilege of bail, subject to such conditions as may be deemed fit and proper to be imposed, upon him surrendering before it. The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T