Dilip Mahto @ Kavidev Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73593 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- DARPA District- East Champaran ====================================================== Dilip Mahto @ Kavidev Mahto Son of Kanchandeo Mahto village- Tinkoni, P.S. -Darpa, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Prerna Rishi, Adv.
Mr. Kundan Kumar, Adv.
For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Darpa P.S. Case No. 64 of 2024 dated 30.04.2024 registered for the offences punishable u/ss 412, 413 and 414 read with section 34 of the Indian Penal Code and Sections 25 (1-B)a/26 and 35 of the Arms Act.
3. As per the prosecution case, Rs. 75,000/- Nepali currency, one gold ring, one Splender motorcycle, one country made pistol and two live cartridges were recovered from the house of the co-accused, Mantu Jaiswal who was apprehended from the house of the petitioner, Dilip Kumar and he disclosed that he along with the co-accused, Guddu Kumar, Arjun Paswan, Raj Kumar, Bhulan Mahto and Dilip Kumar (petitioner) looted Nepali currency from Nobil Bank.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.73593 of 2024(2) dt.18-10-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not involved in loot of the said Bank and he has no concern with the alleged offence. The coaccused person has already been granted regular bail by this court vide order dated 24.09.2024 passed in Cr. Misc. No. 63123 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, 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 Court concerned, East Champaran in connection with Darpa P.S. Case No. 64 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T