Shiv Narayan Mahto @ Shibu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85066 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Shiv Narayan Mahto @ Shibu Son of Yugeshwar Mahto Resident of Village - Bombaiya Harlal ward No. 6, Police Station- Dalsinghsarai, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

It is alleged that cash of Rs. 44,000/- and mobile of the informant were robbed by two unknown criminals.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.85066 of 2023(2) dt.16-01-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the self confession of the petitioner in another case, which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 22.09.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 297 of

Patna High Court CR. MISC. No.85066 of 2023(2) dt.16-01-2024 3/3 2023(G.R No. 1104 of 2023).

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