Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44286 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Munna Mahto son of Late Om Prakash Mahto resident of Village- Bari Pahari, P.S. Agamkuan, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Hajipur Sadar P.S. Case No. 47 of 2018 registered for the offences punishable under Section 394 of the Indian Penal Code.

FIR was lodged against unknown persons. Informant has alleged that on 23.01.2018 at about 23:30 P.M. when he along with his family members were sleeping, some miscreants entered house and started assaulting him and his wife and thereafter looted motorcycle, ornaments, PAN card and Aadhaar card and fled away.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this

Patna High Court Cr.Misc. No.44286 of 2018(3) dt.27-09-2018 2/2 case only on the basis of confessional statement of co-accused Munna Jha. Nothing has been recovered from the possession of petitioner. No Test Identification Parade has been held in this case. It has been further submitted that similarly placed coaccused Jitendra Mahato @ Maujar has been granted bail by a co-ordinate Bench of this Court passed in Cr. Misc. No. 47579 of 2018 vide order dated 20.09.2018. Petitioner has no criminal antecedent and he is in custody since 08.05.2018. Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 47 of 2018.

(S. Kumar, J) veena/manojU T