Sanjay Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54244 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Sanjay Kumar Mahto, aged about 24 years, Male, Son of Rajendra Mahto, Resident of Village-Shayampur Rajwara, PS-Taraiya, Dist-Saran (Chapra). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dharmveer Jha, Advocate For the Opposite Party :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Baikunthpur P.S. Case No. 103 of 2023 dated 28.03.2023 registered for the offence punishable under Section 394 of the I.P.C.
3. As per the prosecution case, four unknown miscreants boarded on two motorcycles are alleged to have come and committed robbery in the bank and looted Rs. 4,81,000/-, golden chain of six tola and some other documents i.e., Aadhar Card, Pan Card and Voter ID Card etc.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.54244 of 2024(2) dt.08-08-2024 2/3 present case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case on the basis of the confessional statement of the co-accused Ripu Jay Singh @ Ripu and Ankur Kumar @ Golu and the said co-accused Ripu Jay Singh has already been granted bail by a Bench of this Court vide Cr. Misc. No. 51035 of 2023 under order dated 17.08.2023. There is no recovery of any looted amount and article from the possession of the petitioner. It is further submitted that no T.I. Parade has been conducted till date to ascertain the real culprit of the alleged offence. Except the confessional statement of the co-accused, there is no other substantive evidence to suggest the participation of the petitioner in the present case. The petitioner has five criminal antecedents and in four cases, he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 18.04.2024.
5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with
Patna High Court CR. MISC. No.54244 of 2024(2) dt.08-08-2024 3/3 Baikunthpur P.S. Case No. 103 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T