Uma Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11545 of 2016 Arising Out of PS.Case No. -295 Year- 2015 Thana -RIGA District- SITAMARHI ====================================================== Uma Shankar Mahto S/O Kamal Mahto, Resident of Village- Barahi, P.S.- Riga, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate, For the Opposite Party/s : Mr. A.M.P.Mehta, App ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Riga P.S. Case No. 295 of 2015 registered for the offences punishable under Sections 302,201,120B of the Indian Penal Code. Allegedly, Nagendra Mahto, the husband of the informant, was killed when he had gone to Riga and his dead body was thrown in the pond. It is alleged that between the petitioner and other co-accused earlier, dispute was going on and threats were also caused to him.

Submission is of false implication due to land dispute, there is no eye-witness of the occurrence, no one has seen the petitioner in the company of the deceased and without any legal

Patna High Court Cr.Misc. No.11545 of 2016 (3) dt.29-04-2016 2/2 and tangible material the petitioner is suffering in custody since 28.11.2015 having no criminal antecedent.

Learned APP opposes the prayer of bail by submitting that the petitioner is named in the First Information Report. In the facts and circumstances stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the leaned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 295 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Prakash/- U T