Nandu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22764 of 2016 Arising Out of PS.Case No. -5 Year- 1998 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nandu Mahato Son of Chhotu Mahato resident of village - Churiharwa, Ahirwaliya, P.S. Chautarwa, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 364(A), 120(B), 395 and 397 of the Indian Penal Code.

On behalf of the petitioner, it is submitted that he has been falsely implicated in this case, first information report is against unknown, without any legal and tangible material, he has been charge sheeted, the name of the petitioner has transpired in confessional statement of co-accused Bala Chaudhary, the petitioner was living at Punjab working as labour in a Factory and was not aware about the case, it has come during investigation that

Patna High Court Cr.Misc. No.22764 of 2016 (2) dt.26-05-2016 2/3 the crime was committed by the gang of Jaikishun Mallah and the petitioner is also a member of that gang, the petitioner is in custody since 10.2.2016, but no T.I.P. has been done and coaccused Ramadhar Chaudhary has been allowed bail vide Cr. Misc. No.21893 of 2016 by order dated 19.5.2016, other coaccused have also been allowed bail. The learned A.P.P. submits that this is a case of the year 1998 and the petitioner earlier did not appear. In the facts and circumstances stated above, considering that by order dated 19.5.2016, co-accused Ramadhar Chaudhary has been allowed bail by another Co-ordinate Bench of this Court and, as such, 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 2nd additional Sessions Judge, Bagaha, DistrictWest Champaran in connection with S. Tr. No.119(A)/99 arising out of Semra P.S. Case No.

Patna High Court Cr.Misc. No.22764 of 2016 (2) dt.26-05-2016 3/3 from privilege of bail.

(Jitendra Mohan Sharma, J) N.H./- U T