Patna High CourtCR. MISC./47644/2023bail granted

Umesh Mahto v. The State Of Bihar

2023-08-02Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47644 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== UMESH MAHTO S/O Jhamlal Mahto Resident Of Village- Ward No. 04, Harpur Basant, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Vaishali P.S. Case No. 334 of 2022 dated 28.08.2022 registered for the offences punishable under Sections 379, 411 and 406 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that though the petitioner is named in the FIR but he was not apprehended at the spot and his name was revealed by the apprehended co-accused persons namely, Md. Mainuddin and Niraj Kumar and the instant matter relates to theft as well as receiving or keeping stolen iron articles and the apprehended co-accused persons and one other co-accused person have been granted bail by this Bench and different Benches of this Court

Patna High Court CR. MISC. No.47644 of 2023(2) dt.02-08-2023 2/2 vide orders passed in Cr. Misc. Nos. 11348 of 2023, 75265 of 2022 and 61271 of 2022. Further submissions are that the petitioner has been languishing in jail since 25.04.2023 having fair and clean antecedent and against him, the investigation has been completed and the alleged offences of the FIR are not made out against him.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above-submissions, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above 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 concerned Court in connection with Vaishali P.S. Case No. 334 of 2022. (Shailendra Singh, J.) Maynaz/- U T