Ram Sakal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7518 of 2021 Arising Out of PS. Case No.-366 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== Ram Sakal Mahto, Son of Babu Ram Mahto, R/O Village- Khadiyahi, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner alongwith other accused persons is said to have looted the informant on the gun point.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. On the basis of confessional statement of co-accused, namely Sonu Kumar and Suman Kumar, the petitioner has been

Patna High Court CR. MISC. No.7518 of 2021(3) dt.18-08-2021 2/2 made accused in the present case. There is no any incriminating articles has been recovered from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 06.02.2020. The petitioner has got one criminal antecedent which is mentioned in para 3 of the bail petition. Charge sheet has been submitted in this case. The said co-accused have been granted bail by different co-ordinate Benches of this Court passed in Cr. Misc. No.4067/2021 and Cr. Misc. No.1272/2021. The looted articles have been recovered from possession of the said co-accused persons.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Teghra P.S. Case No. 366/2019 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T