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Patna High CourtCR. MISC./27/2023allowed

Yogendra Mahto @ Chauhan Masfar @ Chauhan @ Master @ Bikram v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27 of 2023 Arising Out of PS. Case No.-271 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Yogendra Mahto @ Chauhan Masfar @ Chauhan @ Master @ Bikram Son Of Late Sudarshan Mahato Resident Of Village - Khairwa (Kauriya), P.S.- Bhagwanpur Hat, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

As per prosecution case, seven unknown miscreants arrived at the house of the informant, tied the informant and his family members with ropes and looted jewellery, cash, licensed revolver, cartridges etc and fled away.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.27 of 2023(5) dt.16-10-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and the petitioner has been roped in the present case on the basis of confessional statement of co-accused Ankesh Kumar @ Mical which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 17.12.2021. Moreover, other similarly situated coaccused has been granted bail by a coordinate Bench of this Court vide order dated 29.03.2023 passed in Cr. Misc. No. 10054 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.27 of 2023(5) dt.16-10-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 271 of 2018.

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