Mukesh Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.2361 of 2017 (2) dt.02-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2361 of 2017 Arising Out of PS.Case No. -205 Year- 2013 Thana -GORIAKOTHI District- SIWAN ====================================================== Mukesh Mahto, son of Bachcha Mahto, resident of Village: Sisai, P.S.: Goreyakothi, District: Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar, Advocate. For the Opposite Party/s : Mr. Sri Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Goreakothi P.S. Case No. 205 of 2013, registered under Sections 341 and 414/34 of the Indian Penal Code.

The accusation is that, on seeing the patrolling party, two persons, namely, Sonu Mahto and Mukesh Mahto (petitioner) succeeded to flee away leaving Hero Honda Splendor. On verification by the police, the said motorcycle was found to be of one Surendra Ram, son of Mokhtar Ram, Village- Katalpur, P.S.- Baikunthpur, District Gopalganj and the said motorcycle was stolen on 30.09.2013 from B.R.C. Building, Baikunthpur. Learned counsel for the petitioner submits that it

Patna High Court Cr.Misc. No.2361 of 2017 (2) dt.02-02-2017 would appear from the F.I.R. that petitioner and one Sonu Mahto were identified by the informant, Officer-In-Charge of Gorya Kothi Police Station but it is not detailed that how the informant had knowledge about the name of the petitioner and other coaccused. Further submission is that petitioner is accused in one another case, in which, he is on bail and he surrendered on 27.09.2016 in the present case and since then he is in custody Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Goreakothi P.S. Case No. 205 of 2013. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T