Balram Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85133 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== Balram Mahto Son of Jogi Mahto @ Yogendra Mahto Resident of VillageGuskipatti, Police Station- Phulparas, Dist.- Madhubani, Bihar. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Bharti For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Khutauna P.S. Case No. 73/2023 registered for the offences punishable under Section 394 of the Indian Penal Code.
3. As per prosecution case, miscreants assaulted the informant by means of lath-danda and looted the computer, laptop, mobile, fingure printer machine, computer printer, stabilizer, speaker set and also Rs.10,000/-. FIR has been lodged against unknown miscreants.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner transpired in this case on the basis of confessional
Patna High Court CR. MISC. No.85133 of 2023(3) dt.05-02-2024 2/3 statement of co-accused Ankit Kumar. Except confessional statement of co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner is languishing in custody since 26.08.2023 and bears no criminal antecedent. No incriminating article has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has not been put on T.I. Parade till date. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 Judicial Magistrate-1st Class, Jhanjharpur in connection with Khutauna
Patna High Court CR. MISC. No.85133 of 2023(3) dt.05-02-2024 3/3 P.S. Case No. 73/2023, G.R. No.1024/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T