Vikram Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84157 of 2023 Arising Out of PS. Case No.-57 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Vikram Mahto Son Of Nawal Mahto Resident Of Village- Ghataro, PsKartaha, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

3. As per allegation in the FIR, while the informant was going to his house after closing his shop by his motorcycle, four unknown persons sitting on pulsar bike and glamour bike overtook and stopped him. One person got down from the motorcycle and hit the informant's head with but of pistol causing head injury and the second person from second bike took motorcycle, bag and key of shop of informant and they all fled away towards Lalganj.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.84157 of 2023(2) dt.05-01-2024 2/2 committed no offence. He has been falsely implicated in this case. He is not named in the F.I.R. rather his name has been disclosed on the basis of confessional statement of co-accused Guddu Alam, which has no evidentiary value in the eye of law. Nothing looted article has been recovered from the possession of the petitioner. He has no concern with said Guddu Alam and other co-accused. Petitioner is languishing in judicial custody since 17.04.2023.

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 Sub Judge-III-cum-A.C.J.M. 2nd , Vaishali at Hajipur in connection with Lalganj P.S. Case No. 57 of 2018.

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