Sonu Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.22906 of 2017 (3) dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22906 of 2017 Arising Out of PS.Case No. -204 Year- 2013 Thana -GORIAKOTHI District- SIWAN ====================================================== Sonu Mahto Son of Jaichand Mahto Resident of Village: Barwakala,P.S. Basantpur, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Goriakothi P.S. Case No. 204 of 2013 registered for the offence punishable under Section 394 of the Indian Penal Code.

Allegedly, three motorcycle borne criminals lastly snatched the golden chain from Smt. Urmila Kumari and injured the informant. During investigation the informant raised suspicion against the petitioner that the petitioner and his associates might have committed the crime. The petitioner has got criminal antecedent also.

Submission is of false implication and that besides suspicion there is no other material against the petitioner, the petitioner is in custody since 27.02.2017 but he has not been put on test identification parade, nothing has been recovered from his

Patna High Court Cr.Misc. No.22906 of 2017 (3) dt.28-06-2017 conscious possession, there is no eye witness of the occurrence and as such the petitioner deserves sympathetic consideration, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP submits that the petitioner has got criminal antecedent also.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XIII, Siwan in connection with Goriakothi P.S. Case No. 204 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T