Harendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55581 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== Harendra Mahto S/o- Pragas Mahto @ Prayag Mahto Village- W.No-2, Akhta Got Ps- Suppi Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Suppi P.S. Case No. 283 of 2023 instituted for the offences under Section 392, 411 of the Indian Penal Code.
3. As per prosecution case, while the Informant was returning after collecting an amount of Rs. 38,070/- of fifteen women group members, three motorcycle riders, on blue colour Apache motorcycle, intercepted him on the way and took away cash amounting Rs. 38,070/- along with his personal cash amounting Rs. 5,200/- after pointing gun and knife on him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.55581 of 2024(2) dt.14-08-2024 2/3 against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. as the same has been instituted against three unknown persons. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has never been produced on T.I.P. till date. The name of the petitioner has transpired in this case on the basis of confessional statement of one apprehended co-accused Dilip Kumar Thakur who has already been granted bail by the court below itself vide order dated 12.01.2024 passed in B.P. No. 1515 of 2023. The petitioner has two criminal antecedents and in both of them, he is on bail and is languishing in judicial custody since 23.03.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Suppi P.S. Case No.
Patna High Court CR. MISC. No.55581 of 2024(2) dt.14-08-2024 3/3 283 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T