Mahesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44956 of 2022 Arising Out of PS. Case No.-145 Year-2022 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== MAHESH MAHTO Son of Ram Bilash Mahto Resident of Village - Simariya Ghat, Bind Toli, P.s.- Barauni, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition during course of the day.

The petitioner seeks bail in connection with Rail Barauni P.S. Case No. 145 of 2022 registered for the offences punishable under Sections 401, 414 read with Section 34 of the IPC and Section 147 of Railway Act, 1989.

As per prosecution case, petitioner and other were making plan for committing theft and petitioner has been apprehended by the police with stolen mobile and purse

Patna High Court CR. MISC. No.44956 of 2022(2) dt.24-11-2022 2/3 containing Rs. 550/-.

Learned counsel for the petitioner submits that petitioner is in custody since 15.04.2022 and bears criminal antecedent of one case. Petitioner is quite innocent and committed no offence and has falsely been implicated in the present case due to suspicion. Search and seizure has not been made as per law. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Barauni at Begusarai in connection with Rail Barauni P.S. Case No. 145 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.44956 of 2022(2) dt.24-11-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T