Subhash Mahto @ Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53342 of 2024 Arising Out of PS. Case No.-565 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Subhash Mahto @ Subhash Kumar, Son of Paras Mahto, Resident of VillKhandpar, P.S.- Sheikhpura, District- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Roop Kishan, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-08-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Sheikhpura P.S. Case No. 565 of 2023, registered for the offences punishable under Sections 379/511 of the Indian Penal Code.

3. The allegation against above named petitioner is to made an attempt to commit theft of the tractor of the informant, which was parked in his outer courtyard on intervening night of 19-20.08.2023.

Patna High Court CR. MISC. No.53342 of 2024(2) dt.28-08-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner appears on the basis of disclosure made by the co-accused, who apprehended from the place of occurrence itself. It is submitted that the allegation is of only to attempt and was limited only to start the tractor of informant. It is submitted that petitioner found involved in four criminal cases, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of nature of allegation in totality, arising out of suspicion from disclosure of coaccused, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail 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, Sheikhpura/concerned Court, where

Patna High Court CR. MISC. No.53342 of 2024(2) dt.28-08-2024 3/3 the case is pending in connection with Sheikhpura P.S. Case No. 565 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T