Ashish Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52398 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== ASHISH MAHALDAR, SON OF PURAN MAHALDAR, R/O VILLAGEBISHANPUR JICHHO, P.S.- LODIPUR, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Lodipur P.S. Case No. 11 of 2021, instituted for the offences under Sections 385, 387/34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 11.02.2021, charge-sheet has been submitted and the informant alleges that when he reached by pas Chowk on 14.01.2021 in the night, he got some information that 7-8 persons are collecting toll tax from the passing vehicle and accordingly one, Kundan Kumar Yadav was arrested who disclosed the name of the petitioner as the person who fled after seeing the police.

The learned counsel submits that the petitioner has

Patna High Court CR. MISC. No.52398 of 2021(2) dt.09-02-2022 2/2 been falsely implicated in this case, he never collected any toll tax from any vehicle nor any vehicle owner or driver had made any complaint with regard to the same.

The learned A.P.P. vehemently opposes the bail application and submits that the name of the petitioner has transpired in the confessional statement of co-accused. Considering the fact that the petitioner is in custody since 11.02.2021, charge-sheet has been submitted and the name of petitioner has transpired in the confessional statement of coaccused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Bhagalpur, in connection with Lodipur P.S. Case No. 11 of 2021, with a condition that one of the bailor shall be the father of the petitioner (Puran Mahaldar).

(Satyavrat Verma, J) sanjeev/- U T