Vijay Mahto v. The State Of Bihar
Patna High Court Cr.Misc. No.38749 of 2015 (8) dt.20-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38749 of 2015 Arising Out of PS.Case No. -170 Year- 2013 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Vijay Mahto s/o Late Satya Narain Mahto, resident of village- Kathiya, P.SKatara, Dist- Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Mahendra Thakur, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh-1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Copy of the supplementary affidavit has already been received in pursuance of order dated 13.01.2016. At an earlier occasion, prayer for bail made on behalf of the petitioner was rejected vide Cr. Misc. No. 40037/2013. During midst of hearing of the instant petition, direction was given to the Superintendent of Police, Darbhanga for production of witnesses, so that trial be concluded at an earliest (14.10.2015) and in pursuance thereof, as is evident, altogether five witnesses have been examined. The evidence of those witnesses is annexure-A series, so filed by way of supplementary affidavit.
At an earlier occasion, the prayer for bail was rejected on account of T.I.P. Those witnesses have been examined as P.W.1
Patna High Court Cr.Misc. No.38749 of 2015 (8) dt.20-01-2016 Manoj Kumar, P.W. 5 Kailash Kumar Yadav. Both have not claimed identification of the petitioner in Court. Considering the nature of the evidence coupled with period of detention, since 04.06.2013, petitioner Vijay Mahto is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Darbhanga, in connection with Sessions Trial No. 439/2013 arising out of Laheriasarai (Beta) P.S. Case No.170/2013. (Aditya Kumar Trivedi, J.) Amit/- U