Rakesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45920 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- MAINATAND District- West Champaran ====================================================== Rakesh Mahto S/O Binda Mahato R/O Pandey Tola, Narkatiyaganj, P.S.- Shikarpur, District- West Champaran.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Mainatand P. S. Case No.38 of 2021, instituted for the offences under Sections 413 and 414 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 28.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.
Allegation as alleged in the F.I.R. is that the informant alleges that this petitioner along with another named accused were apprehended on a motorcycle and they could not produce the documents relating to the motorcycle and on being asked, they disclose that they have purchased the motorcycle from one
Patna High Court CR. MISC. No.45920 of 2021(2) dt.05-01-2022 2/2 Brajesh Mahto, the said Brajesh Mahto could not be traced. The learned counsel for the petitioner submits that the petitioner was completely unaware that he has purchased a stolen motorcycle as Brajesh Mahto had assured that the documents would be made available later.
The learned A.P.P. for the State opposes the bail application.
Considering the fact that the petitioner is in custody since 28.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case and is not a case of habitually dealing in stolen article, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Sameer Kumar, learned J.M. 1st Class, Bettiah, West Champaran in connection with Mainatand P. S. Case No.38 of 2021, subject to condition that one of the bailers shall be the father of the petitioner.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T