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Patna High CourtCR. MISC./37502/2017bail granted

Chandan Kumar Mahto v. The State Of Bihar

2017-10-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37502 of 2017 Arising Out of PS.Case No. -234 Year- 2013 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Chandan Kumar Mahto, Son of Ganga Mahto @ Sutta Mahto, Resident of Noniya Tola, Ward No.20, P.S. and District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Madhubani Town P.S. Case No. 234 of 2013 for offences punishable under Sections 394 and 411 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he was coming along with his associates, four miscreants assaulted them and took out a dagger and snatched Rs. 6,080/- (Rs. Six Thousand and Eighty only) from the informant and his associates. One of the co-accused Babu Sahab Mahto arrested on the spot, has disclosed the name of the petitioner and other co-accused.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.37502 of 2017 (3) dt.04-10-2017 2/2 petitioner that he is innocent, bears no criminal history and nothing has been recovered from his possession. He submits that other co-accused, who have been named by the Said Babu Sahab Mahto, have been granted privilege of pre-arrest bail and regular bail by co-ordinate Benches of this Court in Criminal Miscellaneous No. 20180 of 2014 dated 21.10.2014, Criminal Miscellaneous No. 15364 of 2017 on 10.04.2017 and Criminal Miscellaneous No. 27834 of 2016 on 13.07.2016. 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 furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani P.S. Case No. 234 of 2013 subject to the condition that one of the bailors would be a close relative of the petitioner. (Nilu Agrawal, J) sushma/- U T