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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53979 of 2024 Arising Out of PS. Case No.-30 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Sunil Mahto @ Sunil Kumar Mahto S/O Rameshwar Mahto R/O VillageDumari, P.S- Taraiya, Distt.- Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Sinha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Mohammadpur P.S. Case No. 30 of 2018, G.R. No. 1069 of 2018, instituted for the offences punishable under Sections 392, 394 and 397 of the Indian Penal Code.

3. The prosecution case, in short, is that, three unknown miscreants intercepted the informant, fired a bullet on the informant, snatched Rs. 30,000/- from him and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.53979 of 2024(2) dt.07-08-2024 2/3 the petitioner also submits that the petitioner is not named in the FIR and name of the petitioner has transpired in this case during course of investigation. There is no specific allegation attributed towards the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. No T.I. parade has been conducted in this case. Learned counsel for the petitioner further submits that charge has already been framed in this case. The petitioner has been remanded in this case on 08.10.2018 and has got five criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohammadpur P.S. Case No. 30 of 2018, G.R. No. 1069 of 2018, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.53979 of 2024(2) dt.07-08-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T