Patna High CourtCR. MISC./71707/2023bail granted

Kanhaiya Mahato v. The State Of Bihar

2024-03-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71707 of 2023 Arising Out of PS. Case No.-542 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== KANHAIYA MAHATO S/O SHRI GAYA MAHATO R/O BAHUARWA, P.S- SHANICHARI (O.P), DISTRICT.- WEST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate Mr. Prabhakar Sahai, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Ramnagar P.S. Case no. 542 of 2022 registered under section 379 of the Indian Penal Code.

3. As per the prosecution case, unknown accused persons stole the motorcycle of the informant.

4. Learned counsel for the petitioner submits that the FIR was registered against four unknown. The name of the petitioner transpired in the confessional statement of co-accused made before police. No incriminating article has been recovered from the petitioner's possession who is in custody since 9.2.2023 and has been falsely implicated in the case because of

Patna High Court CR. MISC. No.71707 of 2023(5) dt.05-03-2024 2/2 his antecedents.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation, no incriminating article having been recovered from the petitioner's possession and his being in custody for more than 1 year since 9.2.2023, the petitioner is directed to be enlarged on bail in connection with Ramnagar P.S. Case no. 542 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran.

(Partha Sarthy, J) Shiv/- U