Patna High CourtCR. MISC./76107/2023allowed

Sandeep Mahto v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76107 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== SANDEEP MAHTO Son of Pramod Mahato R/o vill - Belwa Chowk, P.S. - Kotwa, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants stolen 3 Kilometers 33KV Dog wire and 0.75 Kilometers 11KV Weasel wire of NBPDCL.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot and he is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of coaccused Sanjeet Sah, which has got no evidentiary value in the

Patna High Court CR. MISC. No.76107 of 2023(2) dt.30-11-2023 2/2 eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. On the basis of suspicion, petitioner has been implicated in the present case. He is languishing in judicial custody since 18.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Chiraiya P.S. Case No. 334 of 2022.

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