Kanhaiya Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86477 of 2023 Arising Out of PS. Case No.-775 Year-2022 Thana- BAGHA District- West Champaran ====================================================== Kanhaiya Mahato S/O SH. GAYA MAHTO RESIDENT OF BAHUARWA, PS. SHANICHARI (O.P), DIST. WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Bagaha P. S. Case No. 775 of 2022 in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants stole the motorcycle of the informant bearing Registration No. BR 22 AK 5267.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is not named in the F.I.R. and his name transpired on the basis of confessional statement of co-accused. In this case, petitioner is in custody since 25.08.2023.

Patna High Court CR. MISC. No.86477 of 2023(4) dt.21-03-2024 2/2

5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that has got 19 criminal antecedents of similar nature.

6. Considering the fact that petitioner has got 19 criminal antecedents of similar nature, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Navya/- U T