Patna High CourtCR. MISC./85295/2023allowed

Vinod Mahato @ Binod Mahto v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85295 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- SAMASTIPUR GRP CASE DistrictSamastipur ====================================================== VINOD MAHATO @ BINOD MAHTO S/O LATE SUKHDEO MAHATO R/O VILLAGE- KHANPUR, WARD NO. 08, P.S- KHANPUR, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code.

3. It is a case of theft of mobile of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the F.I.R. He has been falsely implicated in this case by the police. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is further submitted that IMEI No. of the theft mobile phone was not disclosed by the informant in the

Patna High Court CR. MISC. No.85295 of 2023(2) dt.09-01-2024 2/2 F.I.R. but the same has been mentioned in the seizure list. It is also submitted the mobile which has been recovered from the house of the petitioner has not tally with the theft mobile. Petitioner is languishing in judicial custody since 22.09.2023.

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 J.M. 1st Class (Railways), Samastipur in connection with Samastipur GRP (GRP/SPJ) P.S. Case No.167 of 2023.

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