Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31636 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Dinesh Mahto, S/o Shivaji Mahto, R/o Village- Bodwara, P.S.- Karja, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 399/402/414 of the Indian Penal Code and Section 25(1-B), 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that an unnumbered Bolero vehicle was recovered and three miscreants were arrested with certain arms and cartridges. The name of the petitioner has figured in the confessional statement made before the police by one Arvind Sahni. It is submitted that the name of the petitioner has been brought in only on the ground of village rivalry and no credence can be placed on the confessional statement made before the police by a co-accused which has no

Patna High Court Cr.Misc. No.31636 of 2017 (2) dt.20-07-2017 P2/2 evidentiary value.

In view of the aforementioned facts and circumstances and that the petitioner has been given privilege of anticipatory bail in another case vide order dated 13.07.2017 passed in Cr. Misc. No. 31602 of 2017, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 136/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T