Shyam Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52906 of 2016 Arising Out of PS.Case No. -100 Year- 2016 Thana -DERNI District- SARAN ====================================================== Shyam Lal Mahto, s/o Bali Mahto, r/o vill-Khanpur, P.S.-Derni, DistrictSaran at Chapra .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nawal Kishore Singh, Advocate. For the Opposite Party : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2017 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code. It is alleged in the written report that one stolen motorcycle was recovered from the house of the petitioner. The seizure list has been prepared and signature of the petitioner was obtained on the seizure list. Case diary has been received in this case.

The learned Additional Public Prosecutor after looking into the case diary has submitted that there is report of the District Transport Officer, Saran at Chapra, that registration No. of the vehicle is same but there is some manipulation in the Engine number and the vehicle is in the name of one Hemant Kumar Ram,

Patna High Court Cr.Misc. No.52906 of 2016 (4) dt.11-01-2017 2/2 but in the case diary there is no mention that any case has been filed for alleged theft of the motorcycle by the so called owner as reported by the D.T.O.

On the other hand, the petitioner has submitted in paragraph-3 of the petition that he has clean antecedent. In the case diary also there is no mention of any case having been pending against the petitioner and the petitioner is in custody since 18.9.2016.

Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Derni P.S. Case No. 100 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T