Jitendra Mahto @ Jeetendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29883 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- KORHA District- Katihar ====================================================== Jitendra Mahto @ Jeetendra Mahto Son of Late Meghu Mahto Resident of village - Purvi Barinagar, P.S.- Barari, District - Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code.

According to prosecution case, in short is that on 10.02.2022 the informant was coming towards Gerabari, in way three miscreants intercepted him and taken away his bag containing with cash amount which realised from different shop keepers.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.29883 of 2022(2) dt.24-08-2022 2/3 present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation. He further submits that one Oppo mobile and one Suzuki Gixer motorcycle has been recovered from the possession of the petitioner and in fact the petitioner was purchased the mobile phone and motorcycle in question and for that purpose petitioner has annexed the copy of certificate of registration and purchased letter of mobile in question. He further submits that till date no TIP has been conducted by the prosecution and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 04.03.2022 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Korha P.S. Case No. 66 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.29883 of 2022(2) dt.24-08-2022 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T