Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72050 of 2023 Arising Out of PS. Case No.-482 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Rajesh Mahto Son Of - Mahendra Mahto Resident Of Village - Matiyar Kala, P.S.- Sahiyara, District - Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379, 413, 414, 419, 420, 467/34 of the Indian Penal Code.

Prosecution case in nutshell is that informant being a police official got secret information about gang of persons who used to cheat people by changing their A.T.M. cards. When they reached for verification, petitioner along with other co-accused persons were apprehended on spot. On search, ATM cards of different

Patna High Court CR. MISC. No.72050 of 2023(3) dt.02-01-2024 2/3 banks, cash, mobiles and other articles were recovered. From the possession of petitioner, eleven ATM cards of different banks, ninety notes of Rs. 500 denomination and one motorcycle was recovered from the conscious possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no concern with the alleged offence and he has never indulged in forgery or he has never taken ATM of other persons. It is further submitted that recovered cash of Rs. 45,000/- belongs to petitioner. No private person has complaint about the same. Moreover, the petitioner is languishing in judicial custody since 21.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.72050 of 2023(3) dt.02-01-2024 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sitamarhi P.S. Case No. 482 of 2023 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 C.J.M., Sitamarhi. (Sunil Kumar Panwar, J) Nirajkrs/- U T