Ajay Kumar Mahato Alias Ajay Kr Mahato Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 6677 of 2024

1.Ajay Kumar Mahato @ Ajay Kr. Mahato, aged about 25 years, son of Suresh Mahato, Resident of Kusmatand, P.O. and P.S. – Baliapur, District- Dhanbad.

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2.Roop Chandra Kumbhakar @ Rup Chand Kumbhakar, aged about 31 years, son of Late Kala Chandra Kumbhakar @ Kalachand Kumbhakar, Resident of Suranga, Alakdiha, P.O. & P.S. – Tisra, District- Dhanbad.

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...... Petitioners

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Versus The State of Jharkhand …. …. Opp. Party ------

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate For the State : Ms. Shweta Singh, APP -------- Order No.03/Dated: 9^th August, 2024

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Heard learned counsel for the petitioners and learned APP for the State.

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This bail application has been filed on behalf of the petitioners, namely, Ajay Kumar Mahato @ Ajay Kr. Mahato and Roop Chandra Kumbhakar @ Rup Chand Kumbhakar with a prayer to release on bail in connection with Tisra P.S. Case No. 51 of 2024, registered under sections 413/414/34 of the Indian Penal Code, pending before the Court of learned Judicial Magistrate 1^st Class, Dhanbad.

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As per allegations made in the FIR, the informant ASICum-Incharge of Tisra Police Station has received the secret information that two active criminals had moved towards Khaskuiya with stolen motorcycles. Having received the information, raid was carried out at the different places and during course of raid from the old quarter of BCCL near Durga Mandir, Khaskuiya, two persons were apprehended who were identified as Sonu Sinha and Bholu Mahto. On interrogation, it was disclosed by them that the four stolen motorcycles were hidden by them at that quarter. On their disclosure statements, four motorcycles were recovered from the very quarter bearing no registration number. The apprehended accused also confessed that they had committed theft of motorcycles from Sindri, Baliapur, Nagina Bazar, Digwadih, Jharia, Dhanbad, etc. It was also confessed by them that they also

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1

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sell those motorcycles on reasonable price. They also disclosed that the motorcycle was sold to Roop Chandra Kumbhakar @ Rup Chand Kumbhakar and he was also apprehended and from the courtyard of his house four motorcycles of Roop Chandra Kumbhakar @ Rup Chand Kumbhakar was recovered, who confessed that each motorcycle was purchased by him from Sonu Sinha at the rate Rs. 7,000/- each. It was also told by the apprehended accused persons that other motorcycles were also sold at Chandkuiya Basti. From there one person was apprehended, namely, Bhola Mahto. On the further disclosure of Sonu Sinha and Bholu Mahto, the raid was also conducted at the house of Ajay Kumar Mahato @ Ajay Kr. Mahato and from the house of Ajay Kumar Mahato @ Ajay Kr. Mahato, two motorcycles were also recovered, who also confessed that that each motorcycle was purchased by him at the rate Rs. 6,000/- each.

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As per the allegations made in the FIR, from the house of Ajay Kumar Mahato @ Ajay Kr. Mahato two motorcycles and from the house of Roop Chandra Kumbhakar @ Rup Chand Kumbhakar, four motorcycles are alleged to have been recovered. Though the document of these motorcycles could not be produced by these petitioners, yet it was confessed by the apprehended accused, namely, Sonu Sinha and Bholu Mahto that they have sold these motorcycles to the present petitioners. Admittedly, no theft report was registered in any Police Station in regard to these motorcycles and the petitioner has been languishing in jail since 21.06.24.

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In view of the submissions made, the bail application of the petitioner/applicant is hereby allowed. Let the petitioner/applicant be released on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in the aforesaid case.

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(Subhash Chand, J.)

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Vedanti/Nishant

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Ajay Kumar Mahato Alias Ajay Kr Mahato v. the State of Jharkhand

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Ajay Kumar Mahato Alias Ajay Kr Mahato v. the State of Jharkhand

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