Mahanth Mahto @ Mahanth Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39213 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Mahanth Mahto @ Mahanth Mahato Son of Late Jawahir Mahto @ Jawahar Mahto Resident of Village Garabhuwa Lala Tola, P.S. - Sirisiya O.P., District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Bettiah (Town) P.S. Case No. 96 of 2021, registered for the offence under Section 413 / 414 of the Indian Penal Code and Sections 25(1-b)a / 26 of the Arms Act.

As per the prosecution case, two stolen motorcycles have been recovered from the house of the petitioner. It is submitted on behalf of petitioner that no incriminating has been recovered from the conscious possession of the petitioner and petitioner has been made accused in this case on the basis of confessional statement of co-accused. Petitioner is in custody since 02.03.2021.

Patna High Court CR. MISC. No.39213 of 2021(2) dt.01-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah (Town) P.S. Case No. 96 of 2021, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T