Panalal Mahto @ Pannalal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26080 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- KHAIRA District- Saran ====================================================== 1.

PANALAL MAHTO @ PANNALAL MAHTO Son of Satyanarayan Mahto Resident of Village - Chota Takeyan, P.S. - Khaira, District - Saran, Bihar 2.

Soharab Alam Son of Md. Mustafa Resident of Village - Chota Takeyan, P.S. - Khaira, District - Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Rai For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 392 & 411 of the Indian Penal Code.

Allegedly, in course of returning home after completion of examination, the informant was intercepted by the miscreants and thereafter, he was dashed his motorcycle as a result of which, his motorcycle became unbalance. The miscreants took his motorcycle and also snatched Rs. 5,000/-

Patna High Court CR. MISC. No.26080 of 2020(2) dt.13-10-2020 2/2 It has been submitted on behalf of the petitioners that the petitioner No. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners has been falsely implicated in the present case. The petitioners are in custody since 05-03-2020. Charge sheet/Prosecution report in this case has already been submitted. The names of the petitioners have transpired on the basis of confessional statement of petitioner No. 2. Petitioners have no knowledge that the motorcycle in question is a stolen property. There is no compliance of Section 100 of the Cr.P.C.. On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Rubi Kumari, learned Judicial Magistrate-Ist Class, Saran at Chapra in connection with Khaira P.S. Case No. 22 of 2020. (Sudhir Singh, J) A.K.V.//- U T