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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3474 of 2025 Arising Out of PS. Case No.-420 Year-2024 Thana- GARKHA District- Saran ====================================================== Ashok Mahto @ Ashok Kumar Mahto Son of Timal Mahto @ Timan Mahto Resident of Village - Barbatta, Police Station - Sonpur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Garkha P.S. Case No. 420 of 2024 dated 15.07.2024 registered for the offences punishable under Sections 331(4) and 305 of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, on 15.07.2024 at about 5:00 A.M., the father of the informant noticed that several silver and gold ornaments were found missing from his house. Accordingly, the F.I.R., has been lodged.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.3474 of 2025(5) dt.13-08-2025 2/3 this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in this case merely on the basis of his self confessional statement. No T.I.P. has been conducted by the prosecution. The charge-sheet has been submitted against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 29.07.2024. The co-accused person has already been granted regular bail by this Court vide order dated 19.02.2025 passed in Cr. Misc. No. 88896 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the stolen ornaments were recovered from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran in connection with Garkha P.S. Case No. 420 of 2024, with a condition/s:-

Patna High Court CR. MISC. No.3474 of 2025(5) dt.13-08-2025 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T