Kanhaiya Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57497 of 2023 Arising Out of PS. Case No.-647 Year-2022 Thana- BAGHA District- West Champaran ====================================================== KANHAIYA MAHTO SON OF SH. GAYA MAHTO VILLAGE BAHUARWA, PS- SHANICHARI (OP.), DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bagaha (Patkhauli) P.S. Case no.647 of 2022 registered under section 379 of the Indian Penal Code to which sections 401 and 34 of the Indian Penal Code were added subsequently.

3. As per the prosecution case, the informant states that he had parked his motorcycle in the premises of the office of the District Magistrate and had gone to do some Court work. On returning he found that his motorcycle had been stolen by unknown accused persons.

4. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in

Patna High Court CR. MISC. No.57497 of 2023(3) dt.08-11-2023 2/2 the confessional statement of a coaccused made before the police. No incriminating article has been recovered from the possession of the petitioner. He is in custody since 13.1.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired in course of investigation, the name of the petitioner transpiring in the confessional statement of a coaccused made before the police, no incriminating article having been recovered from his possession, the petitioner being in custody since 13.1.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bagaha (Patkhauli) P.S. Case no. 647 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Bagaha, West Champaran.

(Partha Sarthy, J) Bibhash U