Bablu Mahto @ Balo Mahto @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67766 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== BABLU MAHTO @ BALO MAHTO @ BABLU KUMAR SON OF RAJO MATHO R/O VILL.- PANCHI, P.S.- SHEKHOPUR SARAI, DISTT.- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Sheikhopur Sarai P.S. Case No.136 of 2022 dated 17.08.2022 registered for the offence(s) punishable under Section(s) 406, 419, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that in the present matter altogether 37 persons have been named and the petitioner is one of them and as per allegation petitioner and co-accused persons indulged in cheating the innocent persons on the pretext of sanctioning loan, providing them dealership etc. but there is no

Patna High Court CR. MISC. No.67766 of 2022(8) dt.15-05-2023 2/3 detail of any specified victim in the FIR and the said allegation was levelled mainly on the basis of suspicion, though the petitioner was arrested at the spot with co-accused persons but from his possession only two mobile phones were recovered and he has been languishing in jail since 18.08.2022 and similarly situated co-accused person namely Kaliya Mahto @ Raju Prasad, from whose possession mobile phone was also recovered, has been granted bail by this Bench vide order passed in Cr. Misc. No.9909 of 2023 and another co-accused namely Sandeep Kumar has been granted bail by different Bench of this Court vide order passed in Cr. Misc. No.4963 of 2023 and the case of this petitioner is completely identical to the said co-accused Kaliya Mahto in respect of the nature of allegation and during investigation no one appeared before the police with an allegation of having been cheated by this petitioner and against the petitioner investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's custody period and completion of investigation against him and privilege of bail to the above

Patna High Court CR. MISC. No.67766 of 2022(8) dt.15-05-2023 3/3 mentioned co-accused persons having been granted by this Court and also the fact that several persons have been named in the FIR, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Sheikhopur Sarai P.S. Case No.136 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T