Patna High CourtCR. MISC./48354/2024bail granted

Vivek Raj @ Murga Mahto v. The State Of Bihar

2024-08-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48354 of 2024 Arising Out of PS. Case No.-623 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Vivek Raj @ Murga Mahto Son of Bhuneshvar Prasad @ Birju Mahto R/O Vill.- Dhanawan, P.S.- Chandradeep, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pakaribarwan P.S. Case No. 623 of 2023 dated 24.12.2023 registered for the offences punishable under Sections 394, 395, 412, 212 and 34 of the Indian Penal Code.

3. As per the prosecution case, four unknown miscreants boarded on two motorcycles overtook the informant and stopped him and forcibly looted Rs. 23,000/-, mobile phone and his motorcycle on the point of pistol and fled away from the spot.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.48354 of 2024(2) dt.01-08-2024 2/2 petitioner. The petitioner has no concern with the alleged offence. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Chandan Kumar. The similarly situated co-accused has been granted bail by this Court vide order dated 08.05.2024 in Cr. Misc. No. 33291 of 2024. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2024

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st class, Nawada in connection with Pakaribarwan P.S. Case No. 623 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T