Shankar Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33924 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- LAHERIASARAI District- Darbhanga ====================================================== Shankar Kumar Mahto, son of Jagdish Mahto, Resident of MohallaMaulaganj, P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Bali Jha, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-08-2018 Heard Sri Ram Bali Jha, learned counsel for the petitioner and Mr. Zainul Abedin, learned Addl. Public Prosecutor.

The petitioner, who is in custody in Laheriasarai P.S. Case No.3 of 2018 registered for the offence under Sections 392 and 448 of the Indian Penal Code, has prayed for grant of bail primarily on the ground that at least two co-accused have been granted bail.

Learned counsel for the petitioner submits that falsely the petitioner has been made accused and he is languishing in custody since 14.01.2018.

Earlier , in this case, case diary was called for from the court below.

Learned Addl. Public Prosecutor, by way of referring

Patna High Court Cr.Misc. No.33924 of 2018(4) dt.01-08-2018 2/2 to certain paragraphs, particularly paragraph nos. 20,34,37, 41, 47 of the case diary, submits that it was a case of committing robbery in the house of the informant. He submits that in this case, two accused persons were present in the lane and watching and other two accused persons forcibly entered into the house of the informant and took most of the articles from her house. He submits that in C.C.T.V. Camera, which was available in the lane, accused persons were seen. Moreover, in this case, recovery of looted articles has also been affected from close relative of the petitioner.

Considering the seriousness of accusation and materials on record, I am not inclined to pass favourable order. The petition stands dismissed.

(Rakesh Kumar, J) nawalkrs/- U T