Sanoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5179 of 2016 Arising Out of PS.Case No. -931 Year- 2015 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Sanoj Mahto son of Jai Mangal Mahto Resident of village - Matyar Kala, P.S. Sahiyara, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The present case was registered against unknown and in course of investigation, two persons were arrested and confessed their guilt disclosing that they along with one Om Kumar looted the motorcycle and kept the looted motorcycle in the house of the petitioner, who happens to be maternal uncle of the apprehended co-accused Kishan Kumar. Thereafter the house of the petitioner was searched but nothing was recovered from there but petitioner disclosed the name of co-accused from whose house the stolen motorcycle was recovered.

Submission on behalf of the petitioner is that when the apprehended co-accused requested the petitioner to keep stolen

Patna High Court Cr.Misc. No.5179 of 2016 (2) dt.12-02-2016 2/2 motorcycle, the petitioner flatly refused and, thereafter, the aforesaid co-accused kept the aforesaid motorcycle in the house of Chandeshwar Mahaseth. It is further pointed out that, as a matter of fact, the police implicated the petitioner in this case showing that the alleged recovery has been made on the basis of discloser made by the petitioner. Petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S.case No. 931 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T