Patna High CourtCR. MISC./41826/2019bail granted

Briznathi Mahto v. The State Of Bihar

2019-07-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41826 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Briznathi Mahto Son of Kameshwar Mahto Resident of Village - Fatehpur Nayakapari, P.S.- Raghopur, District - Vaishali. 2.

Mahesh Mahto Son of Sitab Mahto Resident of Village - Fatehpur Nayakapari, P.S.- Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 413, 414/34 of the Indian Penal Code. Allegedly, a stolen motorcycle is said to have been recovered in this case.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 23-03-2019. Charge sheet has already been submitted. Stolen motorcycle is said to have been recovered. The petitioners had no knowledge

Patna High Court CR. MISC. No.41826 of 2019(2) dt.11-07-2019 2/2 that the motorcycle in question is a stolen property. The petitioners have been made accused in the present case due to mistake of fact. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 48 of 2019.

(Sudhir Singh, J) A.K.V.//- U T