Nidhi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20645 of 2014 Arising Out of PS.Case No. -89 Year- 2013 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Dhananjay Mahto S/o Baleshwar Mahto Resident of Village Mahammadpur, P.S. Garkha, District Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52194 of 2014 Arising Out of PS.Case No. -89 Year- 2013 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Nidhi Mahto Son of Late Siparsi Mahto Residing of village - Newari, Police Station Tariya, District - Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.20645 of 2014) For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Gulnar Begum(App) (In Cr.Misc. No.52194 of 2014) For the Petitioner/s : Mr. Raghwendra Kumar For the Opposite Party/s : Mr. Dr.Ravindra Kumar(App) ======================================================
Patna High Court Cr.Misc. No.20645 of 2014 (5) dt.02-03-2015 2/3 CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners are in custody since 05.06.2013 in connection with Chapra Muffasil P.S. Case No. 89 of 2013 for the offence registered under Sections 302 and 379 of the Indian Penal Code. Subsequently, it appears that the dead body of one Pawan Kumar, who was the driver of the concerned Tractor, was recovered at Marhowrah and accordingly, Marhowrah P.S. Case No. 90 of 2013 was registered for the offence under Sections 302, 201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that both the cases were lodged against unknown persons, but subsequently, the name of the petitioners surfaced on the confessional statement in connection with Morhowarh P.S. Case No. 112 of 2013 wherein co-accused namely, Hira Ram and Tinku Sharma confessed their implication also in connection with Chapra P.S. Case No 89 of 2013 and also took the names of these petitioners namely, Dhananjay Mahto and Nidhi Mahto. It is further submitted that, save and except confessional statement made before the Morhowarh P.S. Case No. 112 of 2013, there is no other cogent material on record to connect the petitioners with the case under which they have
Patna High Court Cr.Misc. No.20645 of 2014 (5) dt.02-03-2015 3/3 been taken into custody.
Considering the aforesaid submissions and also the period of custody, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Chapra in connection with Chapra Mufassil P.S. Case No. 89 of 2013. (Anjana Mishra, J) Jagdish/- U T