Indal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40811 of 2020 Arising Out of PS. Case No.-136 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== INDAL MAHTO SON OF RAJENDRA MAHTO @ RAJENDRA MHATO Resident Of Village - Nuniya Tola, (Bairganiya), Ward No. 15, P.S.- Bairganiya, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2021 Heard both parties.

The petitioner seeks bail in Bairganiya P.S. Case No. 136 of 2020, registered for the offence punishable under Section 461 and 379 of the Indian Penal Code.

As per the prosecution case, this petitioner along with FIR named accused persons and 4 to 5 unknown persons committed theft in the shop of informant and they were seen in the CCTV footage carrying away grains from his shop on head, bicycle and Thela.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. No incriminating article has been recovered from possession of this petitioner or from his house. Petitioner has got clean antecedent

Patna High Court CR. MISC. No.40811 of 2020(2) dt.26-02-2021 2/2 and is in custody since 14.08.2020. Chargesheet has already been submitted.

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 Chief Judicial Magistrate, Sitamarhi in connection with Bairganiya P.S. Case No. 136 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T