Pradeep Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54656 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Pradeep Mahto Son Of Late Jagdish Mahto Village -shelibeli P.S- Basopatti District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ritwik Thakur, Advocate Mr.Vaishnavi Singh, Advocate Mr. Ajay Kumar Thakur, Advocate For the Opposite Party :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kamtaul P.S. Case No. 63/2024 dated 06.03.2024 registered for the offence punishable u/s 379 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants are alleged to have stolen away the pick up van loaded with DJ of Dhamaal Radha Sound from the door of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.54656 of 2024(2) dt.20-08-2024 2/3 possession of the petitioner. The petitioner is not named in the F.I.R. The petitioner was arrested in another case i.e., Kamtaul P.S. Case No. 66 of 2024 on the basis of confessional statement of the co-accused in that case he has been remanded in the present case. The petitioner has one criminal antecedent and he is on bail in the aforesaid case as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the stolen articles i.e., pick up van, DJ including sound box etc., were recovered from the possession of the petitioner and one Satish Kumar Paswan.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Kamtaul P.S. Case No. 63/2024, with the 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

Patna High Court CR. MISC. No.54656 of 2024(2) dt.20-08-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T