Munsi Mahto @ Manshi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26202 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- TARAIYA District- Saran ====================================================== MUNSI MAHTO @ MANSHI MAHTO SON OF BIGAN MAHTO R/O VILLAGE- DEVLAKHA BHITHI, P.S.- BANIAPUR, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Anuj, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Taraiya P.S. Case No. 357 of 2021 for the offences under Section 379 of the Indian Penal Code.

As per the allegation in the FIR, the informant has alleged that he was carrying biscuit in his pick-up van and was moving from Patna to Mirganj and near Ramgarh Petrol Pump at Taraiya, he parked his vehicle at the road side hotel where in the mid-night 2-3 accused persons took it away. Later, the police investigated the matter and arrested one Deepak Kumar Choudhary from whose place the stolen

Patna High Court CR. MISC. No.26202 of 2022(2) dt.18-08-2022 2/3 articles was recovered. Subsequently another accused Rohit Kumar Prasad was arrested, who in his confessional statement named this petitioner and in this way, the petitioner is in judicial custody since 02.02.2022 (as stated in paragraph-13 of the bail application.

Considering the fact that the recovery has been attributed to Deepak Kumar Choudhary, the name of the petitioner has come in the confessional statement of Rohit Kumar Prasad, he is in custody since 02.02.2022 and charge sheet stands submitted, this Court is inclined to grant him the privilege of bail with certain conditions in view of the fact that he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of ACJM-I, Saran at Chapra in connection with Taraiya P.S. Case No. 357 of 2021, subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.26202 of 2022(2) dt.18-08-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next one year to mark his presence. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T