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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70586 of 2019 Arising Out of PS. Case No.-30 Year-2017 Thana- MUSRIGHRARI District- Samastipur ====================================================== Rahul Kumar Mahto @ Rahul Kumar @ Rahul Mahto, Son of Deepak Mahto, resident of Village-Shakarpura, P.S.-Bakhari, District-Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raja Ram Mishra For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 393 of the Indian Penal Code. 4-5 unknown motorcycle borne criminals tried to commit loot on the petrol pump of the informant assaulting its nozzle man on the point of pistol.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, some altercation took place between the petitioner and informant over filling of petrol on priority basis and due to aforesaid reason informant has falsely implicated him in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.70586 of 2019(2) dt.04-12-2019 2/2 specific rather general and omnibus in nature. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the confessional statement of the petitioner and two other accused persons which has no evidentiary value in the eye of law. Petitioner has been languishing in custody since 04.09.2017.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1stClass, Samastipur in connection with Musrigharari P.S. Case No.30 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T