Pukar Mehta @ Pukar Mahato v. The State Of Bihar

Patna High Court Cr.Misc. No.9906 of 2016 (3) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9906 of 2016 Arising Out of PS.Case No. -180 Year- 2013 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Pukar Mehta @ Pukar Mahato, Son of Maharaj Mehta, resident of Village- Parsa, P.S. Mali, District- Aurangabad (Bihar).... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Nabinagar P.S. Case No. 180 of 2013 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The petitioner is not named in the first information report and it is submitted that his name surfaced in the confessional statement of co-accused Sujeet Kumar Verma and thereafter, some witnesses claimed to have seen the petitioner and others near the place from where the dead body was recovered. Except the aforesaid material there appears to be nothing against the petitioner, similarly situated co-accused Guddu Mahto, Avinash Kumar, Naresh Mahto, Sunil Kumar, Manikant Kumar have been allowed bail by another co-ordinate Benches of this Court and the petitioner is suffering in custody since 07.11.2015 to

Patna High Court Cr.Misc. No.9906 of 2016 (3) dt.27-06-2016 which the learned APP opposes.

In the facts and circumstances stated above, 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 learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 180 of 2013, 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) avin/- U T