Sandeep Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41304 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== SANJIT SAH SON OF ALGU SAH RESIDENT OF VILLAGE- BELWA, PS- KOTWA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41686 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== SANDEEP MAHATO S/o Pramod Mahato R/v-Belwa Chowk, P.S.-Kotwa, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 41304 of 2023) For the Petitioner/s :
Mr.Dhurendra Kumar For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem (In CRIMINAL MISCELLANEOUS No. 41686 of 2023) For the Petitioner/s :
Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 413 and 414 of the Indian Penal Code.
3. As per prosecution case, there has been recovery of
Patna High Court CR. MISC. No.41304 of 2023(3) dt.02-08-2023 2/3 25 quintal Aluminium wire from a Pick-up Van and 10 quintal wire from a Tata Magic Van. It is further alleged that two persons apprehended and disclosed their name as petitioners.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners is a poor labour and they have no knowledge regarding the stolen wire and implicated in this case malafidely by the police. Petitioners have no concerned either with the vehicles or with the seized/stolen articles. He further submitted that this fact has come into light from vide para-26 of the case diary that the vehicles belongs to other persons. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 02.02.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is 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
Patna High Court CR. MISC. No.41304 of 2023(3) dt.02-08-2023 3/3 satisfaction of the learned Court below in connection with Chiraiya P.S. Case No. 40 of 2023.
(Sunil Kumar Panwar, J) arish/- U T