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Patna High CourtCR. MISC./72770/2019bail granted

Om Prakash Mahato v. The State Of Bihar

2019-11-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72770 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- THAWE District- Gopalganj ====================================================== OM PRAKASH MAHATO Son of Krishna Mahto @ Krishna Jee Resident of Village - Kabilaspur, P.S.- Thawe, Distt.- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Devika Rani, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 414/34 of the Indian Penal Code.

Allegation is that the petitioner was apprehended with stolen motorcycle.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.9.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The stolen motorcycle is alleged to have been recovered. The petitioner had no knowledge that the motorcycle in question is stolen property. He has been made accused due to mistake of fact.

Patna High Court CR. MISC. No.72770 of 2019(2) dt.19-11-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Thawe P.S. case No.158 of 2019. (Sudhir Singh, J) Narendra/- U T