Ranjan Mahto @ Ravi Ranjan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73851 of 2018 Arising Out of PS. Case No.-5 Year-2016 Thana- TARAIYA District- Saran ====================================================== Ranjan Mahto @ Ravi Ranjan Mahto Son of Sipahi Mahto, Resident of Village- Shampur, P.S.- Isuapur, District- Saran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Tiwary For the Opposite Party/s :

Mr.Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Taraiya P.S. Case No. 05 of 2016 registered under Sections 392 and 394 of the Indian Penal Code.

Four motorcycle borne criminals are said to have snatched the motorcycle, mobile and purse containing Rs. 500/- of the informant.

It is submitted by the learned counsel for the petitioner that neither the petitioner is named in the F.I.R. nor was apprehended on spot. There is no eye witness of the occurrence. On the basis of confessional statement of coaccused Monu Kumar Singh, name of the petitioner has

Patna High Court Cr.Misc. No.73851 of 2018(3) dt.06-02-2019 2/2 surfaced in this case, which has no evidentiary value in the eye of law. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the aforesaid confessional statement. No incriminating article has been recovered from his conscious physical possession. He has not been put on TIP. He has no criminal antecedent. Petitioner has been languishing in custody since 11.09.2018. Two co-accused have been enlarged on bail by the learned lower court. On the other hand learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IX, Saran at Chapra in connection with Taraiya P.S. Case No. 05 of 2016 (S. Tr. No. 1834 of 2018).

(Prakash Chandra Jaiswal, J) sushma/- U T