Sanjay Kumar @ Sanjay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59649 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- BANIAPUR District- Saran ====================================================== Sanjay Kumar @ Sanjay Mahto Son of Rajendra Mahto R/V- VillageRajwara, P.S.- Taraiya, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar, Adv.
For the Opposite Party/s :
Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Baniyapur P.S. Case No. 107 of 2023 dated 24.03.2023 registered for the offences punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution case, three unknown miscreants with covered face on two motorcycles came to the informant at C.S.P. at S.B.I. and out of them one accused disconnect the CCTV. Thereafter, on the point of gun, they took away Rs. 63,000/- from the cash counter, two laptop and one mobile phone, it is further alleged that they also assaulted some customers.
Patna High Court CR. MISC. No.59649 of 2024(3) dt.26-10-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. No incriminating articles have been recovered from the possession of the petitioner. The name of the petitioner has surfaced in this case in the confessional statement of the co-accused, Ranvir Mahto. The petitioner has no concern with the alleged offence. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.03.2024. The co-accused, Ranvir Mahto has been granted regular bail by the Co-ordinate Bench vide order dated 15.09.2023 passed in Cr. Misc. No. 60826 of 2023.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
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 A.C.J.M.-VII, Saran at Chapra in connection with Baniyapur P.S. Case No. 107 of 2023, with the condition:- (i) The petitioner is directed to remain physically
Patna High Court CR. MISC. No.59649 of 2024(3) dt.26-10-2024 3/3 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) shivam/- U T