Sanni Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.51884 of 2016 (3) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51884 of 2016 Arising Out of PS.Case No. -332 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Sanni Mahto son of T.C. Mahto Resident of village - Bihar Sharif, Sri Nagar Half, P.S. - Sohe Sarai, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Arun, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned APP.

In between night of 15/16.06.2016, there was theft in the house of the informant whereunder items as disclosed in the written report, were stolen away by the unknown thieves. Petitioner along with others were apprehended in the night of 16.06.2016 itself while they were engaged in distributing the booty. From the possession of the petitioner, apart from others, Apple I-pad Mini SKU No. ME277HN/A Model No. 41489, Serial No. F9FQ72N3FCM6 was recovered.

Learned counsel for the petitioner has submitted that petitioner happens to be under custody since 17.06.2016 having no criminal antecedent. Furthermore, it has also been submitted that

Patna High Court Cr.Misc. No.51884 of 2016 (3) dt.12-01-2017 co-accused Santosh as well as Rajkumar @ Raju Kumar have already been granted bail.

Considering the nature of recovery, for the present, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail is rejected.

However, the learned lower court will release the petitioner on bail after framing of charge on the terms whichever the learned lower court will deem fit and proper. (Aditya Kumar Trivedi, J) perwez U T