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Patna High CourtCR. MISC./71280/2022allowed

Sajjan Mahto @ Sajjan Bind v. The State Of Bihar

2023-03-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71280 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Sajjan Mahto @ Sajjan Bind Son Of Late Ishwar Mahto Resident Of Village - Ganga Prasad Bind Toli, P.S.- Barauni (Chakia), District - Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 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 392, 397 of the Indian Penal Code.

As per allegation in the FIR, when the informant was going on his tractor, accused persons assaulted him and forcibly took away his tractor. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the

Patna High Court CR. MISC. No.71280 of 2022(2) dt.13-03-2023 2/3 petitioner is named in F.I.R nor he has been put on T.I.P. His name came in light on the basis of confessional statement of co-accused, namely, Ghola Jha, before the police, which has no evidentiary value in the eye of law. Moreover, petitioner is languishing in judicial custody since 28.06.2022. Similarly situated coaccused persons have been granted Bail vide order dated 16.12.2022 and 20.02.2023 passed in Cr. Misc. No. 55879 of 2022 and 63642 of 2022 respectively by the different Co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barauni P.S. Case No. 140 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.71280 of 2022(2) dt.13-03-2023 3/3 two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai.

(Sunil Kumar Panwar, J) nirajkrs/- U T