Indal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78099 of 2019 Arising Out of PS. Case No.-334 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== Indal Mahto, aged about 35 years, S/o Yogendra Mahto @ Yogendra Mahto, Resident of Village- Ramnagar, Ward No.1, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Dumra P.S. Case No. 334 of 2019 registered for the offences punishable under Sections 188, 379, 414/34 of the Indian Penal Code, Sections 52/42 of Prisoner Act and Section 59(I)(VII) of Jail Act, 1894. Prosecution case, in brief, is that the Superintendent, District Jail, Sitamarhi submitted his written report to the S.H.O., Dumra P.S. on 01.09.2019 and alleged therein that on31.03.2019 from 7.30 P.M. to 11.10 P.M., the informant along with the Superintendent, Khudi Ram Bose Central Jail, Muzaffarpur and three trainee Superintendent and others Jail Authority and police force inspected and searched the prisoners in District Jail, Sitamarhi and recovered 7 Mobile phones from the prisoners, Pintu Tiwary (2 Mobile phones), Dhiraj Jaiswal, Kamlesh Kumar, petitioner Indal
Patna High Court CR. MISC. No.78099 of 2019(2) dt.04-12-2019 2/2 Mahto (2 Mobile phones) and Abhishek Kumar respectively and Charger from Satyendra Thakur and they also recommended for lodging the F.I.R. against twelve other prisoners, who were found involved in the matter, namely, Monu Kumar Singh, Pankaj Kumar, Kanhaiya Singh, Dinesh Kumar @ Dinesh Yadav, Shesh Kumar Singh, Digvijay Mishra, Mukesh Singh, Roshan Kumar, Pradeep Giri, Govind Kumar, Ayush Kumar alias Abhishek Kumar, Md. Rasul including the aforesaid six accused persons.
Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. Petitioner has no concern with the alleged occurrence. The petitioner denied any recovery of Mobile phones from his possession. Petitioner is in jail custody since 14.10.2019.
In the facts and circumstances of the case, 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 Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 334 of 2019. (Anjani Kumar Sharan, J) Nasimul/- U T