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Patna High CourtCR. MISC./4499/2021bail granted

Jivachh Mahto @ Gudar @ Shyamdev v. The State Of Bihar

2021-06-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4499 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Jivachh Mahto @ Gudar @ Shyamdev Son Of Domi Mehta Resident of Barmontar Ward No-8,P.S-Bhharahi, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Supaul P.S. Case No. 63 of 2020 registered against unknown under section 395 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that six accused persons on three motorcycles, on gun point, looted the informant and others various articles included large sum of money, details of which have been narrated in the F.I.R.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in the confessional statement of co-accused

Patna High Court CR. MISC. No.4499 of 2021(3) dt.29-06-2021 2/2 Rajesh Yadav. No incriminating article has been recovered from the possession of the petitioner who is in custody since 25.8.2020 and the investigation in the case has concluded. The reason for false implication of the petitioner is his criminal antecedents. The petitioner has not been put on T.I. parade. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is accused in seven criminal cases from before.

Having heard learned counsel for the parties and taking into consideration and facts and circumstances of the case including no recovery of any incriminating article and the petitioner not having been put on T.I. parade inspite of being in custody since 25.8.2020, the Court is inclined to enlarge the petitioner on bail in connection with Supaul P.S. Case No. 63 of 2020 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 Chief Judicial Magistrate, Supaul. (Partha Sarthy, J) Bibhash U T