Shwet Kumar @ Mahantha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48232 of 2015 Arising Out of PS.Case No. -8 Year- 2013 Thana -KHAGARIA GRP CASE District- KHAGARIA ======================================================
1. Shwet Kumar @ Mahantha Son of Shri Upendra Mahto, resident of village- Rani Sakarpura, P.S.- Gangaur (Khagaria), District- Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation has been made that large number of persons have surrounded the victim and they belonged to the extremist group and killed his father. Specific allegation has been made against Shyam Yadav and Sandip Yadav whereas petitioner has been shown to be a member of the mob surrounded the father of the informant.
Having considered the facts and circumstances of the case, let petitioner, Shwet Kumar @ Mahantha, be released on
Patna High Court Cr.Misc. No.48232 of 2015 (2) dt.02-11-2015 bail in the first week of December, 2015 on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, Khagaria in connection with S.T. No.111 of 2015 arising out of Khagaria Rail P.S. Case No.8 of 2013, G.R. ® No. 41 of 2013, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.
(Shivaji Pandey, J) Vinay/- U T