Tuntun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42276 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Tuntun Mahto Son Of Hiro Mahto @ Ramgobind Mahato Resident Of Village - Belwa Madho (Belwa Chowk), P.S. - Kotwa, Distt. - East Champaran 2.

Sadhu Mahto @ Abhay Mahto Son Of Hiro Mahto @ Ramgobind Mahato Resident Of Village - Belwa Madho (Belwa Chowk), P.S. - Kotwa, Distt. - East Champaran 3.

Manu Mahto @ Manu Kumar @ Mantu Kumar Son Of Hiro Mahto @ Ramgobind Mahato Resident Of Village - Belwa Madho (Belwa Chowk), P.S. - Kotwa, Distt. - East Champaran 4.

Chanchal Kumar Son Of Dhrup Singh Resident Of Village - Belwa Madho (Belwa Chowk), P.S. - Kotwa, Distt. - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sadhu Mahto @ Abhay Mahto Hiro Mahto Ramgobind Mahato Belwa Madho Belwa Chowk 3.

Manu Mahto @ Manu Kumar @ Mantu Kumar Hiro Mahto Ramgobind Mahato Belwa Madho Belwa Chowk 4.

Chanchal Kumar Dhrup Singh Belwa Madho Belwa Chowk ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 413, 414 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have indulged in committing theft of electric wire.

Patna High Court CR. MISC. No.42276 of 2023(2) dt.04-08-2023 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the petitioners have been made accused in this case on the confessional statement of co-accused. He submits that no incriminating article has been recovered from the possession of the petitioners or from their house. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chiraiya (Sikarganj) P.S. Case No. 40 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T