Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39649 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- PIPRA District- East Champaran ====================================================== 1.

Dharmendra Mahto S/O Langar Mahto @Lagdu Mahto R/O Village-Pakari dumariya, P.S. Dumariyaghat, Distt-East Champaran 2.

Nagi Mahto S/O Suresh Mahto R/O Village-Pakari dumariya, P.S. Dumariyaghat, Distt-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Pipra P.S. Case No. 258 of 2023 instituted for the offence under Sections 461 & 379 of the Indian Penal Code.

3.

Prosecution case as emerges from the FIR is that theft of 50 bags of rice, 4 bags of potatoes and one (30Kg) of Masoor pulse has been committed in the Government School of which informant is the Head Master.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 11-02-2024. Petitioners bear three criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.39649 of 2024(3) dt.22-10-2024 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have transpired during course of investigation that too on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, charge sheet being submitted and period of custody of the petitioners, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 258 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T