Vishal Kumar @ Vishal Kumar Mahto @ Vishal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70627 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Vishal Kumar @ Vishal Kumar Mahto @ Vishal Mahto S/o Jivachha Mahto R/o Mohalla- Alalpatti, P.S.- Laheriasarai, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shweta Anand, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Laheriasarai P.S. Case No. 157 of 2024 dated 16.03.23024 registered for the offences punishable under Section 380 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, one mobile phone, one smart watch and Rs. 50,000/- were stolen from the room of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.70627 of 2024(2) dt.07-10-2024 2/2 petitioner. The petitioner is named in the FIR. The name of the petitioner has surfaced in this case in the confessional statement of the co-accused Vivek Kumar Malhawa. The petitioner has no concern with the alleged offence. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the petitioner has confessed his guilt before the police and he has been identified by the informant in CCTV camera footage while he was committing theft in the room of the informant.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 157 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T