Jiut Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64964 of 2023 Arising Out of PS. Case No.-643 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Jiut Mahto, aged about 26 years, Male, S/O Aklu Mahto, R/O Village- Gidha, P.S- Sugauli, Distt.- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Kant Singh, Advocate For the Opposite Party :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 643 of 2023 dated 04.06.2023 registered for the offence punishable under Sections 420, 416 and 395 of the I.P.C.

3. As per the prosecution case, the informant was travelling on a Bus keeping Rs. 30,85,000/-in an American Tourister Bag to give it to someone on the instruction of his shop owner. Two unknown persons entered the Bus, stating that

Patna High Court CR. MISC. No.64964 of 2023(2) dt.12-10-2023 2/3 they are custom officers and the informant is carrying duplicate goods with him. In the meantime, khalasi of the Bus gave the informant's bag to that two unknown persons and they fled away. On chase, an accused Prahtaj Kumar was caught. The informant raised suspicion that the driver, khalasi, Prahtaj Kumar and eight unknown persons have taken his money.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. It is submitted that the petitioner is not named in the F.I.R. His name has sprang up in the present case on the basis of the confessional statement of coaccused, Prahtaj Kumar. The petitioner has not been put on T.I. Parade to ascertain his involvement in the present case. He is in custody in this case since 17.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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 the learned Court concerned, East

Patna High Court CR. MISC. No.64964 of 2023(2) dt.12-10-2023 3/3 Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 643 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T