Patna High CourtCR. MISC./46126/2024bail granted

Dilip Mahto v. The State Of Bihar

2024-09-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46126 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- RPF Post Bachhwara District- Begusarai ====================================================== Dilip Mahto Son of Late Amresh Mahto R/O Vill.- Manopur Rudauli, Ward no. 12, P.S.- Bachbara, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bachhwara P.S. Case No. 2 of 2023 instituted for the offences under Sections 3 of the R.P.(U.P.) Act.

3. Prosecution case, in short, is that Industrial Grade PC for maintenance 32 and Keyboard were stolen by unknown person from the Mobile room of the Relay Hut, Bachhwara.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of the basis of suspicion. Learned counsel for the petitioner further submitted that

Patna High Court CR. MISC. No.46126 of 2024(3) dt.25-09-2024 2/3 petitioner has falsely been implicated in this case merely on the basis of his criminal antecedents. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.03.2024 and has ten criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that stolen articles have been recovered from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of offence as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bachhwara P.S. Case No. 2 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.46126 of 2024(3) dt.25-09-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T