Umesh Kumar Mahto @ Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42879 of 2019 Arising Out of PS. Case No.-327 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Umesh Kumar Mahto @ Umesh Mahto, male, aged about 38 years, S/o Deodhari Mahto, Resident of Village- Deoriya Kothi, Police Station- Deoriya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Adv.

For the Opposite Party/s :

Mr. Ansar Ul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-09-2019 The petitioner seeks bail in connection with Chakia P.S. Case No. 327 of 2018, dated 10.12.2018, instituted for the offences under Sections 395 and 397 of the Indian Penal Code.

A dacoity is said to have been taken place in the house of the informant in which the miscreants continuously took the name of one Upendra Sharma and stated that they had been sent by aforesaid Upendra Sharma.

The petitioner is not named in the F.I.R. The name

Patna High Court CR. MISC. No.42879 of 2019(4) dt.27-09-2019 2/3 of the petitioner has transpired in the confession of a coaccused/Kishor Kumar @ Kishan Kumar @ Krishan Kumar, who has been granted bail by a Bench of this Court vide order dated 09.07.2019 passed in Cr. Misc. No. 42419 of 2019.

It appears that the petitioner was also put on Test Identification Parade and has been identified by the informant as having committed assault on his family members.

The learned counsel for the petitioner has submitted that the petitioner was brought to the police station and was made to be identified by the informant and, thereafter, was put on T.I. Parade. One of the persons, who has been identified by the informant in the T.I. Parade, has been granted bail by a Bench of this Court.

The petitioner is in custody since 22.12.2018 and does not bear any criminal antecedent.

For the period of custody and the nature of accusation against the petitioner/Umesh Kumar Mahto @ Umesh Mahto, he is directed to be released on bail on his

Patna High Court CR. MISC. No.42879 of 2019(4) dt.27-09-2019 3/3 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Chakia P.S. Case No. 327 of 2018.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T