Anil Mahto @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51174 of 2022 Arising Out of PS. Case No.-26 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== ANIL MAHTO @ ANIL KUMAR Son of Jagdeyal Mahto Resident of Village - Paharpur Toeri, P.S.- Desari (Sahdei O.P.), District - Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-12-2022 The matter has been taken-up through video conferencing.
Heard learned counsel for the petitioner and learned A.P.P for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 392/412 of the Indian Penal Code.
Allegation is against unknown persons of snatching the keys on gunpoint and taking away the Scorpio vehicle of the informant.
Patna High Court CR. MISC. No.51174 of 2022(2) dt.09-12-2022 2/3 Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is not named in the F.I.R and during investigation one co-accused, namely, Vikash Kumar disclosed the name of the petitioner and on the basis of confessional statement he has been implicated in this case. It is submitted that Vikash Kumar has been granted bail vide order dated 01.05.2019 passed in Criminal Miscellaneous No. 28911 of 2019 and other similarly accused persons, namely, Amarjit Singh has been also granted bail vide order dated 19.10.2020, passed in Criminal Miscellaneous No. 26942 of 2020. There is no recovery from the conscious possession of the petitioner. It is further submitted that the petitioner is in custody since 20.04.2022, has criminal antecedents of three cases and chargesheet has been filed in this case. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in
Patna High Court CR. MISC. No.51174 of 2022(2) dt.09-12-2022 3/3 connection with Chapra Town P.S. case no. 26/2019, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) premchand/- U T