Kisan Kumar @ Kisan Mahto @ Kishan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33914 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Kisan Kumar @ Kisan Mahto @ Kishan Mahto, aged about 38 years, Male Son of Devaki Mahto, Resident of Village- Vaishali Kharauna Gate, PSVaishali, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Vaishali P.S. Case No. 334 of 2022 dated 28.08.2022 registered for the offence punishable under Sections 379, 411, 406 and 34 of the Indian Penal Code.

The allegation against the petitioner is that he is involved in theft of iron pipes and ten pieces of stolen iron pipes were recovered from his house.

Learned counsel for the petitioner submits that similarly situated co-accused persons namely Md. Mainuddin, Niraj Kumar, Ram Chandra Mahto, Md. Habib and Arun Sahni have been granted bail in Criminal Miscellaneous Nos.75265 of

Patna High Court CR. MISC. No.33914 of 2023(2) dt.24-06-2023 2/2 2022, 61271 of 2022, 11348 of 2023, 69128 of 2022 and 71025 of 2022 vide orders dated 18.04.2023, 01.12.2022, 17.03.2023, 21.03.2023 and 04.04.2023, respectively. Petitioner is in jail custody since 21.02.2023, having no criminal antecedent. He has further submitted that the petitioner had no knowledge about the stolen articles. After investigation the police has submitted charge-sheet against the petitioner and there is no chance of absconding of the petitioner or tampering with the evidence. Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Vaishali P.S. Case No. 334 of 2022.

(Sunil Dutta Mishra, J) Anand Kr.

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