Patna High CourtCR. MISC./37820/2015bail granted

Sanjay Mahto v. State Of Bihar And ANR

2015-10-16Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.37820 of 2015 (3) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37820 of 2015 Arising Out of PS.Case No. -62 Year- 2013 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Sanjay Mahto, Son of Ram Sharan Mahto, resident of village - Kusumbha, P.S. & District - Sheikhpura .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dharamshila Devi, Wife of Late Kamala Vishwakarma @ Mithilesh Kumar, resident of Moh. Patel Chauk, Hasanganj, P.S. + DistrictSheikhpura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Adv. For the Informant : Mr. A.K. Thakur, Adv. Mr. Ravi Ranjan, Adv.

For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.07.2015 in connection with Complaint Case No. 62 (C) of 2013 for the offences alleged under section 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as counter blast of Sheikhpura P.S. Case No. 216 of 2011 which was instituted for the murder of the petitioner's elder brother against some persons who are own brothers of the present complainant and in which the petitioner was one of the chargesheet witnesses. It is further

Patna High Court Cr.Misc. No.37820 of 2015 (3) dt.16-10-2015 submitted that in Sheikhpura P.S. Case No. 257 of 2012, the police submitted final form having found the case to be false after due investigation and the present complaint case has been registered only on a protest petition.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner Sanjay Mahto be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sheikhpura in connection with Complaint Case No. 62 (C) of 2013 with condition that the petitioner shall remain physically present on each and every date till conclusion of trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T