Santosh Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.21540 of 2016 (4) dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21540 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Mahto son of Videshi Mahto, resident of village- Ratan Sagar, P.S.- Patahi, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhishek Kumar, Advocate For the Opposite Party : Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Patahi P.S.Case No.49 of 2015 registered for an offence under Sections 364, 302 and 201/34 of the IPC.

As per the prosecution case, it is alleged by the informant that his son Upendra Kumar aged about 28 years went to his mobile shop on motorcycle situated at Rangpur Bajar, but did not return back till evening and then on 06.04.2015 at about 10 P.M. in the night of local Chaukidar informed him that motorcycle and bag of his son was lying near Parsa village and then they searching his son and came to know that a dead body of his son was lying in the wheat field besides of Jardaha road and he

Patna High Court Cr.Misc. No.21540 of 2016 (4) dt.16-08-2016 suspected that some miscreants kidnapped him and killed him. Learned counsel for the petitioner submits that the petitioner is in custody since 08.03.2016. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of confessional statement of a co-accused. The other co-accused has been granted bail by this Court vide Cr.Misc.No.42698 of 2015 and Cr.Misc.No.45 of 2016 On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of 8th ACJM, Motihari, East Champaran in connection with Patahi P.S.Case No.49 of 2015. (Sudhir Singh, J) B.Kr./- U T