Balo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75807 of 2018 Arising Out of PS. Case No.-53 Year-2017 Thana- HATHIDAH District- Patna ====================================================== Balo Mahto, S/o Ram Sugat Mahto, R/o Village- Surauli, P.O.- Surauli, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kumar Sharma For the Opposite Party/s :

Mr.Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 392 of Indian Penal Code.

It is submitted by the petitioner's counsel that first information report alleges that the informant's cash, passport, ATM Card and pick up Bolero were taken away. Learned counsel for the petitioner submits that merely on the basis of confessional statement of co-accused, the petitioner has been implicated in this case. Nothing has been recovered from the petitioner and he is having no criminal antecedent and is in custody since 23.07.2018. Till date, he has not even been put on test identification parade.

Patna High Court Cr.Misc. No.75807 of 2018(2) dt.17-12-2018 2/2 Considering the aforesaid submissions and the facts and circumstances of the case, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in Hathidah Police Station case No 53 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T