Mukesh Kumar Mahto @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77214 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== MUKESH KUMAR MAHTO @ MUKESH KUMAR S/o Sukham Mahto R/o village- Singhiya Hiban, P.S.- Banjaria, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Harsidhi P. S. Case No. 76 of 2019 instituted for the offence under Section(s) 379 of the Indian Penal Code.

When the informant awoke on 27.02.2019, he found the two motorcycles earlier parked in his newly half constructed house missing. The same gave rise to the instant prosecution

Patna High Court CR. MISC. No.77214 of 2019(2) dt.13-01-2020 2/3 which was instituted against unknown persons. The petitioner has been implicated on the statements of other two co-accused persons, namely, Dharmendra Kumar and Kumesh Kumar. It is the submissions of the petitioner's counsel that other then the confessional statements of co-accused persons, there is nothing to connect the petitioner with the alleged offence. No recovery whatsoever has been made from the petitioner and, merely on suspicion, he has been remanded in the instant case while he was in custody in connection with with Harsidhi P. S. Case no. 97 of 2019. The petitioner, in the instant case, is in custody since 16.07.2019. The learned APP for the State has opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, in connection with Harsidhi P. S. Case No. 76 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.77214 of 2019(2) dt.13-01-2020 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T