Rajesh Kumar Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9129 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Rajesh Kumar Mahto S/o Prem Nath Mahto R/o Village- Subhankarpur, P.S(T), Darbhanga, District- Darbhanga.

2. Rahul Kumar S/o Yogendra Sah R/o Village- Jitu Gachhi Imli Bag,P.S. (T) Darbhanga, District- Darbhanga.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Darbhanga(T) P.S.Case No. 151 of 2016 registered for the offences punishable under Sections 379, 411, 414, 467, 468, 471, 201 and 120B of the Indian Penal Code.

It has been submitted on behalf of the petitioners that on confessional statement of petitioners one motorcycle was recovered and other co-accused person has already been granted bail by this Court, from whose possession one motorcycle was recovered and petitioners are in custody since 7.8.2016. Heard learned APP also.

Having heard both sides and from perusal of the impugned order it appears that on information petitioners were checked and from petitioner No.1 stolen motorcycle was recovered and on whose confession other stolen motorcycles were recovered from other accused persons and he has criminal antecedents. I am not inclined to grant bail to petitioner No.1,

Patna High Court Cr.Misc. No.9129 of 2017 (3) dt.06-03-2017 2/2 Rajesh Kumar Mahto.

So far petitioner No.2, Rahul Kumar is concerned, in the facts and circumstances of the case, let him be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga (T) P.S.Case No. 151 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U