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Patna High CourtCR. MISC./26094/2023bail granted

Shankar Kumar @ Shankar Kumar Mahto v. The State Of Bihar

2023-05-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26094 of 2023 Arising Out of PS. Case No.-306 Year-2022 Thana- MADHEPUR District- Madhubani ====================================================== SHANKAR KUMAR @ SHANKAR KUMAR MAHTO Son of Dinesh Mahto @ Dinesh Mahato R/V- Madhura, PS- Lakhnaur, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Madhepur P.S. Case No. 306 of 2022 dated 31.12.2022 registered for the offences punishable u/s 457 and 380 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft of jewellery worth Rs. 3,00000/-, one mobile phone worth Rs. 10,000/- and Rs. 43,000/- in cash from the informant's house.

Patna High Court CR. MISC. No.26094 of 2023(2) dt.24-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. No stolen articles have been recovered from the conscious possession of the petitioner. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. As per impugned order, the petitioner is in custody since 13.02.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjhapur, Madhubani in connection with Madhepur P.S. Case No. 306 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U