Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23908 of 2024 Arising Out of PS. Case No.-904 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== SANTOSH MAHTO SON OF SHIVNATH MAHTO Resident of Village - Sahebganj Purbi Dahiyawan, Ward No. 28, Police Station - Nagar Town, District - Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Harshvardhan, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail registered for the offence under Section 379 of the IPC.

3. As per allegation in the FIR, it is a case of theft of a bike of the informant bearing registration No. BR-04K 0125 by the petitioner alongwith other co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner was not arrested on spot and the petitioner is not named in the FIR. He further submits that the house from where the bike was recovered belongs to 7 brothers including the petitioner.

Patna High Court CR. MISC. No.23908 of 2024(2) dt.22-04-2024 2/2 Petitioner is in custody since 12.01.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra in connection with Nagar Town P.S. Case No. 904 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T