Indal Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19948 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- ARER District- Madhubani ====================================================== INDAL KUMAR MAHTO S/O JAGESHWAR MAHTO RESIDENT OF VILLAGE- DATUAR, P.S- KHAJAULI, DISTT.- MADHUBANI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 411, 414, 34 of the Indian Penal Code.
As per prosecution case, there has been recovery of a stolen motorcycle from the co-accused Sajjad Laheri. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Sajjad Laheri, who apprehended on spot, which has got no evidentiary value in the eyes of law. No incriminating/stolen article recovered from the
Patna High Court CR. MISC. No.19948 of 2023(2) dt.19-05-2023 2/2 conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 13.10.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Benipatti, Madhubani in connection with Arer P.S. Case No. 133 of 2022.
(Sunil Kumar Panwar, J) arish/- U T