Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40029 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== AJAY MAHTO S/O RAM BILASH MAHTO Resident of VillageRatansaayar, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40575 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== MADHURANJAN KUMAR @ MADHURANJAN KUMAR MAHTO Son of Ajay Mahto Resident of Village - Ratansaayar, P.s.- Patahi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40029 of 2022) For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat (In CRIMINAL MISCELLANEOUS No. 40575 of 2022) For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 420, 120(B), 468, 471, 489B, 489C/34 of the Indian Penal Code.

As per allegation in the FIR, on receiving secret

Patna High Court CR. MISC. No.40029 of 2022(3) dt.09-01-2023 2/3 information about smugglers of fake currency, petitioners and other accused persons were apprehended on spot and on search, huge fake currency notes as well as genuine notes of different denominations were recovered from their vehicle scorpio. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. They have no concern either with the fake currency or with the vehicle in question. In fact they have shared a Public Trasport vehicle, which was being driven by co-accused Golu Kumar from Motihari to Patna and petitioners were not in knowledge about keeping of forfeited currency notes in the said vehicles. Nothing has been recovered from conscious possession of the petitioner.

Similarly situated several co-accused persons have already been granted bail by different co-ordinate Benches vide order dated 19.10.2022 passed in Cr. Misc. No. 1512 of 2022 and 16.09.2022 passed in Cr. Misc. No. 33781 of 2022. Petitioners are languishing in judicial custody since 02.08.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.40029 of 2022(3) dt.09-01-2023 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM 2nd, Muzaffarpur in connection with Motipur P.S. Case No. 257 of 2021.

(Sunil Kumar Panwar, J) sushma/- U