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Patna High CourtCR. MISC./56237/2021bail granted

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

2022-04-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56237 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== RAMAYAN KUMAR MAHTO @ RAMAYAN MAHTO Son of Lal Babu Mahto Resident of Village - Parsauni Jahangir, P.S.- Sahebganj, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Section 395 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 13.07.2020, charge-sheet has been submitted and has antecedent of two cases and the informant alleges that 7-8 unknown criminal were committing dacoity in the house of his neighbour and when the informant on hearing halla came out of his house, the accused person entered his house and locked the informant in her room and committed dacoity.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and the

Patna High Court CR. MISC. No.56237 of 2021(3) dt.25-04-2022 2/2 FIR was against unknown and his name came in the confessional statement of co-accused, Raj Kumar, which has no evidentiary value and despite being in custody, the petitioner was not put on T.I. Parade and nor any incriminating article has been recovered from his possession.

The learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 30.07.2020, charge-sheet has been submitted and his name came in the confessional statement of co-accused and was not put on T.I. Parade nor any recovery has been made as aforesaid, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Motipur P.S. Case No. 39 of 2020, with a condition that one of the bailor shall be the father of the petitioner (Lal Babu Mahto) The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T