Patna High CourtCR. MISC./5389/2016bail granted

Jitendra Mahto v. The State Of Bihar

2016-02-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5389 of 2016 Arising Out of PS.Case No. -114 Year- 2015 Thana -MAKER District- SARAN ======================================================

1. Jitendra Mahto, Son of Fozadar Mahto, resident of Village- Lachi Kaituka, Police Station- Amnour, District- Saran. Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have been caught by the informant when he along with others had assembled to make preparation for committing dacoity and one country made pistol and one dagger are said to have been recovered from conscious possession of the petitioner but submission on behalf of the petitioner is that the petitioner has been implicated in this case on account of political rivalry and as a matter of fact, for the occurrence of the same day, the Bodyguard of a local M.L.A. lodged Maker P.S. Case No. 113 of 2015 against the petitioner and others for the offences of Arms Act and the ferdbeyan of informant of the aforesaid case completely demolishes the story of

Patna High Court Cr.Misc. No.5389 of 2016 (2) dt.15-02-2016 2/2 present case. Moreover, petitioner does not have any criminal antecedent and is languishing in jail custody since 27.11.2015 whereas he was taken into custody in Maker P.S. Case No. 113 of 2015 on 12.10.2015.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Divya Shekhar, Judicial Magistrate 1st Class, Saran, Chapra in connection with Maker P.S. Case No. 114 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T