Umesh Kumar Mehta @ Umesh Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18193 of 2018 Arising Out of PS.Case No. -76 Year- 2017 Thana -LAUKHA District- MADHUBANI ======================================================
1. Umesh Kumar Mehta @ Umesh Kumar Mahto, Son of Musaharu Mehta, Resident of Village- Dumuhan (Dighiya), P.S.- Nirmali, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Adv. Ms. Nitu Kumari No.7, Adv.
For the Opposite Party/s : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Laukaha P.S. Case No. 76 of 2017 registered under Section 395 of the Indian Penal Code. Seven unknown miscreants are said to have committed dacoity in the house of the informant on the point of pistol.
It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor has apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in this case at the instance of his enemy. He has no concern with
Patna High Court Cr.Misc. No.18193 of 2018 (04) dt.17-05-2018 - 2 - the aforesaid occurrence. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co accused which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 17.10.2017. Similarly situated co-accused Md. Junul @ Md. Jainul Avedin has been enlarged on bail by a coordinate bench of this court in Cr. Misc. No. 7521 of 2018 vide order dated 07.02.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No.76 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T