Sanjay Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53544 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Sanjay Kumar Mahto Son of Rajendra Mahto R/V- Shayampur Rajwara, P.S.- Taraiya, Distt.- Saran (CHAPRA) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmveer Jha, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Baikunthpur P.S. Case No. 113 of 2023, registered for the offences punishable under Section 398/401 of IPC and under Section 25(1-b)A/26-1/35 of Arms Act.
3. As per prosecution case, on getting information of gathering of some miscreants near a diversion which goes from Sattarghat to Faijullahpur village road for committing loot, informant reached there. Seeing the police party, accused persons started fleeing away but on chase two co-accused persons namely, Ripujay Kumar Singh @ Ripu and Ankur Singh @ Golu Singh were caught. It is further alleged that some illegal arms, mobile phones and sims were recovered from the
Patna High Court CR. MISC. No.53544 of 2024(3) dt.18-10-2024 2/3 possession of co-accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the co-accused persons. Petitioner was not apprehended from the spot. He further submits that there is no recovery of any incriminating article from the possession of the petitioner. He has no concern with the two apprehended co-accused persons, seized motorcycle and the seized illegal arms. Only on the basis of suspicion and having five criminal antecedents, the petitioner has been implicated in this case. The petitioner is in judicial custody since 30.01.2024. He undertakes to co-operate in the trial. However, similarly situated co-accused person namely, Ankur Kumar Singh has been granted bail by this Court vide order dated 08.02.2024 in Cr. Misc. No. 72482 of 2023 and co-accused Ripujay Kumar Singh has been granted bail by a coordinate Bench of this court vide order dated 06.11.2023 in Cr. Misc. No. 69679 of 2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.53544 of 2024(3) dt.18-10-2024 3/3 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Baikunthpur P.S. Case No. 113 of 2023.
(Sunil Dutta Mishra, J) priyanka/- U T