Kishor Kumar @ Kishori Kumar @ Kishoree Mahto @ Kishori Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82133 of 2023 Arising Out of PS. Case No.-874 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Kishor Kumar @ Kishori Kumar @ Kishoree Mahto @ Kishori Mahto S/O Benga Mahto @ Nandkishor Mahto @ Nandkumar Mahto R/O Village- Ward No. 12, Bajada, P.S- Sahodara, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 874 of 2022, registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
3. As per the prosecution case, the informant locked his house and went to his in-laws house and when he returned he found the lock of main gate was broken and his valuable items were stolen accordingly F.I.R. was lodged against unknown.
4. Learned counsel for the petitioner submits that the name of petitioner came in the confessional statement of coaccused Jahir Ansari who in his confessional statement implicated the petitioner also. He further submits that there is no recovery from the possession of petitioner. He also submits that petitioner has two criminal antecedents out of which in one case he has been implicated by the confessional statement of the co-accused Jahir
Patna High Court CR. MISC. No.82133 of 2023(2) dt.11-01-2024 2/2 Ansari. Learned counsel submits that there is no material against the petitioner and the petitioner is in jail custody since 22.09.2023. He further submits that similarly situated co-accused persons namely Mithun Kumar, Sahil Kumar @ Sahil Kumar Gupta, Bhola Yadav @ Akhilesh Yadav and Jahir Ansari have been granted bail by the Co-ordinate Benches of this Court vide orders dated 24.05.2023, 25.05.2023, 28.07.2023 & 08.09.2023 passed in Cr. Misc. No.28547 of 2023, Cr. Misc. No.28853 of 2023, Cr. Misc. No.40680 of 2023 and Cr. Misc. No.58910 of 2023 respectively.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 874 of 2022.
(Sunil Dutta Mishra, J) ritik/- U T