IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26306 of 2010
BRAJ KISHORE MAHTO son of Indal Mahto
Resident of village-Pithwa, P.S.-Jharokhar,
District-East Champaran.
Versus
THE STATE OF BIHAR
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5. 1.3.2011. Heard learned counsel for the petitioner as well as
Mrs. Pushpa Sinha No.2, learned Additional Public Prosecutor.
The petitioner, who is in custody in connection with
Ghorasahan P.S. Case No.128 of 2009 for the offence under section
392 of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the
petitioner that while the petitioner was sleeping in a temple he was
arrested by the police on accusation of possession of arms in
Ghorasahan P.S. Case No.136 of 2009 and he was also made
accused in the present case on false accusation.
Learned counsel for the State submits that it was a
case of loot of a motorcycle. The said motorcycle was recovered in a
concealed position nearby the place from where the petitioner was
arrested. The petitioner was earlier made accused in arms case also.
In view of the facts and circumstances, the court is
not inclined to extend the privilege of bail to the petitioner.
Accordingly, prayer for bail is rejected.
Keeping in view the fact that the petitioner is in
custody since 23.10.2009, it is expected that the court below will
take all steps so that the case may come to its logical end without
any delay.
Md.S. ( Rakesh Kumar, J.)
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