Yogi Mahto@ Jogi Mahto @ Chhotu @Mamu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1777 of 2024 Arising Out of PS. Case No.-1 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Yogi Mahto@ Jogi Mahto @ Chhotu @Mamu S/o -Raj Kumar Mahto R/o Village-Simariyaghat Lawki Bind toli,P.S. -Barauni(Chakiya),Distt.-Begusari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Earlier, as per order dated 02.05.2023, regular bail of the petitioner was rejected by this Court along with a direction of trial Court to expedite and conclude the trial as soon as possible.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner has prayed for regular bail in this case registered for the offence punishable under sections 394, 397 of the Indian Penal Code and Section 27 of the Arms Act.
4. As per prosecution case, three unknown miscreants snatched the motorcycle of the informant on point of pistol and fled away. During investigation, stolen motorcycle of the informant was recovered near the house of the petitioner.
5. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.1777 of 2024(3) dt.09-02-2024 2/3 the petitioner has falsely been implicated in this case. He has not committed any offence. He is not named in the FIR rather merely on the basis of confessional statement of co-accused he has falsely been implicate in this case, which is not admissible in the eye of law.
6. In pursuance of direction of this Court, progress report of this case has been received on 25.01.2024, from which it appears that out of five charge sheeted witnesses, only two witnesses have been examined till now. Learned counsel for the petitioner is submitted that there is no hope to conclude the trial in near future and the petitioner is languishing in custody since long i.e. 29.01.2022. It is further submitted that the charges have already been framed. Moreover, co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 12.04.2023 passed in Cr. Misc. No. 72563 of 2022.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barauni P.S. Case No. 01 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.1777 of 2024(3) dt.09-02-2024 3/3 learned Additional Sessions Judge-III, Begusarai. (Sunil Kumar Panwar, J) Manishkr/- U T