Bikash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50731 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== 1.

BIKASH MAHTO S/o RAJKUMAR MAHTO R/O VILLAGEMAHARAJPUR BHATTA, P.S-TELJHARI, DISTRICT-SAHEBGANJ (JHARKHAND).

2.

RAJESH CHOUDHARY S/o DAROGA CHOUDHARY R/o GOPALPUR MAKAI TOLA, P.S AND DISTRICT-SAHEBGANJ (JHARKHAND). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek regular bail in connection with Narpatganj P.S. Case No. 66 of 2021 instituted for the offences under Sections 412, 413 and 414/35 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 10.02.2021, are persons with clean antecedent and charge-sheet has been submitted in this case and the petitioners are aged about 20 years. Allegation is of recovery of 12 stolen Android mobile from the petitioners along with one mobile recovered from

Patna High Court CR. MISC. No.50731 of 2021(2) dt.02-02-2022 2/3 petitioner no. 2 separately and the petitioners disclosed the name of the accused who fled away on seeing the police as Bulbul and Gopal.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and even presuming what has been alleged in the FIR is true without admitting the same then also this is the first offence of the petitioners and they are persons with clean antecedent and are of very young age and in the event if they remain in jail for longer period of time the same would adversely affect them in the long run.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody, are persons with clean antecedent and charge-sheet has been submitted and this is the first offence of the petitioners and are of young impressionable age, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 66 of 2021, with condition that the bailors of the petitioners

Patna High Court CR. MISC. No.50731 of 2021(2) dt.02-02-2022 3/3 shall be their respective father Rajkumar Mahto and Daroga Choudhary and in the event if the petitioners in future are implicated in any cases then the learned court below will be at liberty to cancel the bail bonds of the petitioners. (Satyavrat Verma, J) Kundan/- U T