Patna High CourtCR. MISC./39239/2025bail granted

Anil Mahaldar v. The State Of Bihar

2025-07-04Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39239 of 2025 Arising Out of PS. Case No.-202 Year-2017 Thana- BARAHAT District- Banka ====================================================== Anil Mahaldar S/o Ganouri Mahaldar R/o Village- Ogari, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-07-2025 Heard Mr. Brij Nandan Prasad, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. Petitioner seeks regular bail in connection with Banka (Barahat) P.S. Case No. 202 of 2017 dated 09.04.2017 registered for the offence punishable under section 392 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the offence of loot and the FIR was registered against unknown and during the course of investigation, the petitioner has been made accused mainly on the basis of confessional statement of Mithun Mahto and except this, there is no material to show his involvement in the alleged crime and the petitioner was taken into custody on

Patna High Court CR. MISC. No.39239 of 2025(2) dt.04-07-2025 2/2 03.03.2025 but thereafter, the police did not succeed in recovering any of the looted articles from his possession and further, he has not been put to Test Identification Parade before the so-called eyewitnesses, so, there is no any admissible evidence against this petitioner. It is lastly submitted that against him, the investigation has been completed and he has criminal antecedents of four cases but he is on bail in the said cases.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Considering the aforesaid submissions advanced by petitioner's counsel, this Court is inclined to enlarge the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Banka (Barahat) P.S. Case No. 202 of 2017.

(Shailendra Singh, J) annu/- U T