Patna High CourtCR. MISC./57416/2023bail granted

Kanhaiya Mahto v. The State Of Bihar

2023-11-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57416 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Kanhaiya Mahto S/O Sh. Gaya Mahto R/O Village- Bahuarwa, P.SShanichari (O.P), Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

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

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Ramnagar P.S. Case no. 473 of 2022 registered under sections 379, 401 and 413 of the Indian Penal Code.

3. As per the prosecution case, the informant had parked his motorcycle at the place of the occurrence and had gone to worship in the temple. On returning he found his motorcycle missing.

4.Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The FIR was registered against four unknown. The name of the petitioner transpired in the confessional statement of a co-accused made before police. No incriminating article has been recovered from the petitioner's possession. The petitioner is in custody since

Patna High Court CR. MISC. No.57416 of 2023(3) dt.08-11-2023 2/2 9.2.2023 and investigation in the case has concluded.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of the investigation, no incriminating article having been recovered from the petitioner's possession, the petitioner having remained in custody for nine months since 9.2.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Ramnagar P.S. Case no. 473 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-I, Bagaha, West Champaran.

(Partha Sarthy, J) ajay/- U T