Ramayan Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51491 of 2015 ====================================================== Ramayan Mahato, Son of Sri Shiv Kumar Mahato, resident of village - Bhaluni, P.O. Sewatha, Police Station - Narayanpur, District - Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Narayanpur P.S. Case No. 19 of 2015 registered under Sections 302 and 120(B)/34 of the Indian Penal Code.

The prosecution case is that on 22.03.2015, Santosh Sah, younger brother of informant, Bijay Sah, proceeded with Pickup Van No. 3G 9566, on mobile call of Jai Chand Mahto, for loading of she-buffalo but he did not return. Ram Govind Sah, father of the informant also went to search Santosh Sah, but he also did not return. The informant along with villagers started search of his brother and father and rumor spread about committing murder of his father and his dead body was found in the field of wheat crops. The informant has further alleged that his father and brother have been murdered by Jai Chand Mahto, his father Jugut Mahton and Jitendra Mahto along with 5 to 7 unknown.

Patna High Court Cr.Misc. No.51491 of 2015 (2) dt.22-12-2015 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that regarding murder of brother and father of informant, the F.I.R was lodged against three named in the F.I.R. along with 5-7 unknown but in course of investigation, the police got recorded confessional statement of co-accused, Jai Chand Mahto, showing the involvement of the petitioner in the present case, except that there is nothing against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 27.03.2015. It is further submitted that co-accused, Jai Chand Mahto, in whose confessional statement the name of the petitioner has come, has been allowed bail by a Bench of this Court order dated 07.10.2015 passed in Criminal Miscellaneous No. 37731 of 2015.

Having regard to the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate 1st Class, Bhojpur at Ara, in connection with Narayanpur P.S. Case No. 19 of 2015.

(Rajendra Kumar Mishra, J) manish/- U T