Jai Chand Mahto @ Jai Chandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37731 of 2015 Arising out of PS.Case No. -19 Year- 2015 Thana -NARAINPUR District- BHOJPUR ====================================================== Jai Chand Mahto @ Jai Chandra Mahto, Son of Yugut Mahto, resident of village - Bhaluni, P.S. Narayanpur, District - Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Singh, Advocate. For the Opposite Party : Mr. Awdhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 14.03.2015 in connection with Narayanpur P.S. Case No. 19 of 2015 for the offences instituted under Sections 302 and 120(B)/34 of the IPC. The prosecution story, in brief, is that on 22.03.2015 at about 9.00 P.M. his younger brother Santosh Sah proceeded by Pick-up Van No. 3G 9566 on the call of his Mobile No. 9507179272 for loading of buffalo. Vijay Sah has further told that his father asked his younger brother Santosh not to move in night but his younger brother Santosh went with Pick-up Van. It is further alleged by the informant that his father also went to search his younger brother but his brother was not met when the father

Patna High Court Cr.Misc. No.37731 of 2015 (3) dt.07-10-2015 2/2 and the brother have not turned up till morning, Villagers told that Santosh and his father have been murdered then he went to search and found that the dead body of his father is in the paddy crops. The informant has further told that Jai Chand Mahto, Jugut Mahto, Jitendra Mahto and 5 to 7 other persons have murdered his brother and father.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 14.03.2015 and the charge sheet has been submitted in the case. The petitioner has been made accused in the present case merely on the basis of suspicion. There is no direct or indirect evidence against the petitioner. There is no eye witness to the occurrence.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Bhojpur at Ara in connection with Narayanpur P.S. Case No. 19 of 2015. U.K./- (Sudhir Singh, J) U T