Patna High CourtCR. MISC./51272/2023bail granted

Madan Kumar Mahto v. The State Of Bihar

2023-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51272 of 2023 Arising Out of PS. Case No.-840 Year-2022 Thana- NAGAR District- Vaishali ====================================================== MADAN KUMAR MAHTO S/O LAXMAN MAHTO R/O VILLAGEAKILPUR, PS. SONEPUR, DIST. SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s :

Mr. Parmod Kumar Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 406 & 379/34 of the Indian Penal Code and 56 of Bihar Mines Amendment Act.

3. As per the prosecution case, this petitioner is alleged to commit theft of the boat which was seized by the police , on which the sand was transported without valid Chalan.

4. It is submitted that petitioner has been implicated in this case only on the basis of suspicion because he happens to be the Khalasi of the alleged boat. In fact petitioner has got no concern with the alleged boat. Petitioners claims clean antecedent.

5. Learned counsel for the State opposes the bail

Patna High Court CR. MISC. No.51272 of 2023(4) dt.05-09-2023 2/2 petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as 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 learned A . C . J . M., Vaishali at Hajipur in connection with Hajipur (T) P.S. case No. 840 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T