Santosh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60520 of 2018 Arising Out of PS.Case No. -121 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ======================================================
1. Santosh Mahto S/o Upendra Mahto @ Upendra Singh, R/o Vill.- Apki, P.S.- Kasma , District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh , A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Rafiganj P.S.Case No. 121 of 2016, registered for offences punishable under Sections 395 and 412 of the Indian Penal Code. As per F.I.R. allegation against the petitioner is that the petitioner along with other accused persons entered in Madhya Gramin Bank, Bhadwa Bazar, have committed loot-pat. It is also alleged that the petitioner is not named in the F.I.R. but later on the basis of confessional statement of co-accused, Krsihna Kumar the name of the petitioner surfaced.
Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the
Patna High Court Cr.Misc. No.60520 of 2018 (2) dt.06-10-2018 2/2 petitioner and he is in custody since 27.04.2018 only on the basis of the suspicion. It is also submitted that having similarly situated co-accused persons have been granted privilege of bail vide order dated 28.07.2017 passed in Cr. Misc. No. 34551 of 2017. Heard learned A.P.P. who opposes the prayer for bail.
In view of the discussions made above, this application is disposed of with direction to the Court below to release on bail to the petitioner after completion of the period of six months of his custody to his own satisfaction. With the aforesaid observation, the instant petition is disposed of.
(Vinod Kumar Sinha, J) Sudha/- U T