Silu Mahto @ Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33569 of 2023 Arising Out of PS. Case No.-426 Year-2022 Thana- AMAS District- Gaya ====================================================== Silu Mahto @ Surendra Mahto Son Of Ram Krit Mahto Resident Of VillageBishunpur, Ps- Bankey Bazar (Roushanganj), Dist. Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections386, 387, 34 of the Indian Penal Code.

As per FIR, the allegation against unknown miscreants is that they boarded on two motorcycles came at the farm of the informant and assaulted the informant and his labours and from his counter they also took away 1.5 lacs rupees.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.33569 of 2023(2) dt.26-06-2023 2/2 confessional statement of co-accused. The petitioner is not named in the FIR and he was not put on TIP. The FIR has also been lodged after delay of three days without given any cogent reason. It is further submitted that nothing looted money has been recovered from the possession of the petitioner. Moreover, he is languishing in judicial custody since 30.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amas P.S. Case No. 426 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sherghati, Gaya.

(Sunil Kumar Panwar, J) lata/- U T