Patna High CourtCR. MISC./12499/2018bail granted

Vivekanand Mahto v. The State Of Bihar

2018-05-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12499 of 2018 Arising Out of PS.Case No. -119 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Vivekanand Mahto, Son of Awadhesh Kumar Singh, Resident of Village- Mitti, P.S.- Mohaniya, District- Bhabhua (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Aurangabad (M) P.S. Case No. 119 of 2016 registered under Section 392 of the Indian Penal Code.

Three motorcycle borne criminals are said to have looted the motorcycle, cash and mobile and looted motorcycle and arms was recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case. He had no knowledge of the motorcycle to be looted one and he had taken the aforesaid motorcycle from his friend Prince Kumar Singh @ Prince Singh

Patna High Court Cr.Misc. No.12499 of 2018 (04) dt.17-05-2018 - 2 - for plying the same and in the meantime he was apprehended by the police. So far as the recovery of arms is concerned, he has been enlarged on bail in the Arms Act case lodged against him. He has not made any confessional statement. Petitioner happens to be student of B. Tec. and has been falsely implicated in this case at the instance of his enemy to spoil his career. The petitioner has been languishing in custody since 11.12.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (M) P.S. Case No.119 of 2016.

(Prakash Chandra Jaiswal, J) Trivedi/- U T