Mahesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40876 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== MAHESH MAHTO S/O LATE RAM VILASH MAHTO R/O VillageSimariya Ghat, Bind Toli, P.S- Barauni, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Barauni Rail P.S. Case No. 69 of 2023 dated 26.03.2023. registered for the offences punishable under Section 401 and 414 read with 34 of the Indian Penal Code.

As per the prosecution case, on seeing the police, the petitioner and the co-accused persons started fleeing away but one person was apprehended by the police who disclosed his

Patna High Court CR. MISC. No.40876 of 2023(2) dt.19-07-2023 2/3 name as Anil Kumar Sah and also disclosed the names of persons who fled away as Amit Kumar Mishra, Rajiv Kumar, Bipin Kumar, Guddu Kumar, Shambhu Kumar and the petitioner Mahesh Mahto. On search, one mobile phone, one blade and one pilas was recovered.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 12.07.2023 passed in Cr. Misc. No. 37633 of 2023. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barauni (Begusarai) in connection with Barauni Rail

Patna High Court CR. MISC. No.40876 of 2023(2) dt.19-07-2023 3/3 P.S. Case No. 69 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T