Lakshami Mahto vs The State Of Bihar on 28 February, 2017

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Patna High Court - Orders

Lakshami Mahto vs The State Of Bihar on 28 February, 2017

Bench: Prabhat Kumar Jha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.55355 of 2016
                    Arising Out of PS.Case No. -210 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR
                 ======================================================
                 LAKSHAMI MAHTO, s/o Late Anup Lal Mahto, r/v Sakrauli, P.S.-
                 Cheriya Bariyarpur, District- Begusarai.
                                                          .... .... Petitioner/s
                                                   Versus
                 1. The State of Bihar

                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Krishna Prasad Singh
                 For the Opposite Party/s   : Smt. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
                 JHA
                 ORAL ORDER

3   28-02-2017

Heard both sides.

The petitioner seeks bail in Bibhutipur P.S. Case No. 210/2016, registered for the offence punishable under Section 392 of the Indian Penal Code.

The informant alleged that while he was returning after collecting money from customers, some miscreants intercepted him and looted away his bags and other articles including two mobiles of Nokia and Motorola Company bearing Airtel SIM No. 7781003950 and Idea SIM No. 7079887112 and the purse containing Adhaar Card, PAN Card, ATM Card and driving license.

Learned counsel for the petitioner submits that the petitioner is innocent as he is not named in the FIR. The petitioner Patna High Court Cr.Misc. No.55355 of 2016 (3) dt.28-02-2017 2/2 has falsely been implicated in the case on the basis of seizure of ATM Card, Adhaar Card, Airtel SIM No. 7781003950 and Idea SIM No. 7079887112 along with other articles standing in the name of the informant from a hut. The hut does not belong to the petitioner, but from perusal of para 20 of the case diary, it appears that the petitioner is owner of the hut and from his possession different looted articles such as, PAN Card, Adhaar Card, Identity Card and SIM Cards of Airtel and Idea company etc., were recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.


                                                (Prabhat Kumar Jha, J.)
Rakhi


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Patna High Court - Orders