Sanjeet Mahto @ Sanjeet Kumar @ Sanjeet Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25937 of 2024 Arising Out of PS. Case No.-272 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== Sanjeet Mahto @ Sanjeet Kumar @ Sanjeet Kumar Mahto, Son of Ashrafi Mahto, Resident of Village- Jalalpur, P.S.- Lalganj, dist.- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Lalganj P.S. Case No.272 of 2021 registered for the offences punishable under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act.
3. The accused/petitioner is not named in the FIR and is in custody since 02.09.2023.
4. The allegation against the petitioner is to commit robbery and while committing so, taken away Rs.12,00,550/- from informant, who is a cashier of petrol pump.
5. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.25937 of 2024(2) dt.10-04-2024 2/3 submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Aditya Kumar as per Para-49 of the case diary, in furtherance of which, cash of Rs.93,120/- was recovered from jointly occupied house of this petitioner. It is submitted that petitioner was not put on T.I.P. as yet. It is further submitted that recovered cash were without any details and denomination so as to connect with alleged looted cash during present occurrence/robbery. While concluding argument, it is submitted that investigation of this case is completed, for which, charge-sheet has already submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer for grant of bail to the petitioner.
7. Considering the facts and circumstances, as police has failed to match the recovered cash with looted cash in want of any details and denominations, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 02.09.2023, accordingly, the
Patna High Court CR. MISC. No.25937 of 2024(2) dt.10-04-2024 3/3 petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Lalganj P.S. Case No.272 of 2021 subject to the conditions as laid down under Section 437(3) of the CrPC.
(Chandra Shekhar Jha, J.) Sanjeet/- U T