Ram Naresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35274 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -BHELDI District- SARAN ====================================================== Ram Naresh Mahto Son of Late Suchit Mahto, Resident of VillagePachrukhi, P.S.- Bheldi, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bheldi P.S. Case No. 73 of 2017 for offences punishable under Sections 413 and 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on patrolling duty they received information that some persons have brought stolen motorcycle for sale. The house of co-accused Vikash Kumar was searched and three motorcycle was recovered, and from the house of the petitioner one motorcycle alleged to have been stolen was recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.35274 of 2017 (4) dt.14-09-2017 2/2 been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and that the petitioner is in custody since 15.05.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Saran at Chapra in connection with Bheldi P.S. Case No. 73 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T