Jaichand Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.24246 of 2016 (4) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24246 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Jaichand Mahto son of Jugut Mahto @ Jugut Narayan Singh, resident of village Bhaluni, P.S. Narainpur, District-Bhojpur (Ara). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandan Kumar Verma, Advocate For the Opposite Party : Mr. Aditya Narayan Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Learned counsel for the petitioner is permitted to make necessary correction in para-3 of the petition in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Jagdishpur P.S.Case No.93 of 2016 registered for an offence under Section 394 of the IPC.

As per prosecution case, it is alleged by the informant that on 01.04.2016 while he was going to Haradiya by cycle from his shop situated at Ishari when he reached about Haradiya Petrol Pump, three persons came with motorcycle and dashed and assaulted with fist and slaps, he further alleged that he identified

Patna High Court Cr.Misc. No.24246 of 2016 (4) dt.08-08-2016 one person, i.e., the petitioner, who came to informant's sweet shop sometime. He further alleged that they have taken one Lava company mobile no.9693173637 and also Rs.1500/- snatched from the informant's possession.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.04.2016. There is no allegation of tampering of witnesses against the petitioner. Chargesheet has been submitted in the case. There is no recovery of any looted articles from the conscious possession of the petitioner. Due to previous enmity between the parties, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, 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 ACJM-XI, Bhojpur (Ara) in connection with Jagdishpur P.S.Case No.93 of 2016. (Sudhir Singh, J) B.Kr./- U T