Manoj Kumar Mahton @ Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63920 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Manoj Kumar Mahton @ Manoj Mahto Son of Late Ramratan Mahto Resident of out Ram Tola, P.S.- Hathidah and District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Rail Barauni P.S. Case No. 52 of 2019 for the offencee punishable under Sections 401 and 414 of the Indian Penal Code.

The allegation is regarding the police having arrested the petitioner and one other co-accused person and upon search, various articles were recovered from the suitcase being carried by the said accused persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that as far as the seized articles are concerned, there is no material on record to connect the same with any theft having been committed by the accused

Patna High Court CR. MISC. No.63920 of 2019(2) dt.10-01-2020 2/2 persons. It is further submitted that the co-accused person, namely, Md. Faiz Ahmad, has already been granted bail by a co-ordinate Bench of this Court by an order dated 31.07.2019 passed in Cr. Misc. No. 51913 of 2019. Lastly, it is submitted that the petitioner is languishing in custody since 05.05.2019. As far as the pending cases are concerned, it is submitted that the same are very old and the petitioner is on bail in all the said criminal cases pending against him. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is languishing in custody since 05.05.

2019 coupled with the fact that the articles recovered from the petitioner have no connection with any theft having been committed by the accused persons, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Barauni, District Begusarai in connection with Rail Barauni P.S. Case No. 52 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U