Ranjit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83759 of 2023 Arising Out of PS. Case No.-171 Year-2015 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ranjit Mahto, Son of Baleshwar Mahto Alias Ram Baleshwar Singh Village Bhiritol, Ward No. 6, Labuniya, Laguniya Raghukanth, P.S. Samastipur, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 395 of the Indian Penal Code.

3. As per prosecution case, informant is the owner of petrol pump has alleged in his FIR that he was informed that loot has been committed on his petrol pump by six unknown miscreants who came on two bikes have looted Rs. 56,000/- after overpowering the staffs on the strength of Arms.

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 is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.83759 of 2023(2) dt.04-01-2024 2/2 of the petitioner has come into light, on the basis of confessional statement of co-accused Ajit Paswan, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 26.11.2019 passed in Cr. Misc. No. 76139 of 2019. He is languishing in judicial custody since 11.07.2023.

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 C.J.M., Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 171 of 2015.

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