Sujeet Kumar @ Sujeet Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50341 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Sujeet Kumar @ Sujeet Mahto Son of Shiv Mahto R/O Vill.- Mataiya, Madhopur Ram, P.s.- Vaishali, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Simri P.S. Case No. 248 of 2023 instituted for the offence under Sections 380, 328, 307 and 457 of the Indian Penal Code. 3.

Prosecution case in short is that some unknown miscreants entered into the house of the informant and committed loot of several gold ornaments worth Rs. 3 lakhs. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-02-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.50341 of 2024(2) dt.19-07-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of his self-confessional statement, and the same has no evidentiary value. Nothing incriminating has been recovered from the possession of the petitioner. It is next submitted that police after investigation has submitted the charge sheet.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Simri P.S. Case No. 248 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of 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

Patna High Court CR. MISC. No.50341 of 2024(2) dt.19-07-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T