Patna High CourtCR. MISC./349/2020bail rejected

Nirmal Mahto v. The State Of Bihar

2020-03-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.349 of 2020 Arising Out of PS. Case No.-366 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Nirmal Mahto, aged about 35 years, Son of Bhagwan Mahto Resident of Village - Khariya D , P.S.- Sonepur, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Hajipur Sadar P.S. Case No. 366 of 2019 registered for offences under sections 382/392 of the Indian Penal Code.

As per prosecution story, one Rishi Ranjan Kumar was going to Patna from Muzafarpur from his motorcycle. When he reached near the village Chandi, the accused persons on Pulsar Motorcycle reached there and looted his valuables including his motorcycle.

From the records, it appears that the looted material has been recovered from the present petitioner. Learned counsel for the petitioner has placed

Patna High Court CR. MISC. No.349 of 2020(3) dt.19-03-2020 2/2 reliance on the order of this Court dated 10.12.2019 passed in Cr. Misc. No. 81042 of 2019 granting bail to the co-accused Mukesh Mahto but, from the order, it does not appear that any recovery has been made from Mukesh Mahto.

The petitioner is in jail since 11.10.2019.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner, above named, is rejected.

The petitioner, if so advised, may renew his prayer for bail after nine months of his judicial custody. (Shivaji Pandey, J) rishi/- U T