Subodh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56196 of 2021 Arising Out of PS. Case No.-398 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Subodh Mahto Son of Dasai Mahto Resident of Village - Khalilpur, P.s.- Karja, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2021 Heard both parties.

The petitioner seeks bail in Phulwarisharif (Janipur) P.S. Case No. 398 of 2019, registered for the offence punishable under Section 395 of the Indian Penal Code.

As per prosecution case, five unknown miscreants looted away the tractor of informant (driver) and his mobile. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Awadhesh Mahto and Lalan Das. No incriminating article has been recovered from possession of this petitioner. Petitioner has not been put on test identification parade till date. Other co-accused have been granted bail by this Court vide order dated

Patna High Court CR. MISC. No.56196 of 2021(2) dt.07-12-2021 2/2 22.10.2019 passed in Cr. Misc. No. 64435 of 2019, dated 25.10.2019 passed in Cr. Misc. No. 68411 of 2019 and dated 02.12.2020 passed in Cr. Misc. No. 31361 of 2020. Petitioner is in custody since 27.06.2019.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XV, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 398 of 2019. (Prabhat Kumar Singh, J) vinita/- U T