Sultan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19314 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- SARAI District- Vaishali ====================================================== SULTAN MAHTO SON OF BISHESHWAR MAHTO R/O VILLAGEAKHTYARPUR PATEDHA, P.S- SARAI, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr. Ranjeet Kumar Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 341, 323, 337, 338, 307, 302, 504 and 506/34 of the Indian Penal Code.

Petitioner and others bitterly assaulted to the mother of the informant, as a result whereof mother of the informant died. The doctor has found single injury at the head which was cause of death.

Submission is that it is difficult to attribute as to which of the four had caused that single injury. Co-accused Amarnath Mahto and Prem Kumar standing on similar footing have already been allowed bail by different co-ordinate Benches of this Court vide order passed in Cr. Misc. No. 14435 of 2021 and Cr. Misc. No. 17247 of 2021. Investigation of the case is

Patna High Court CR. MISC. No.19314 of 2021(3) dt.26-10-2021 2/2 already complete.

Learned counsel for the informant opposed the prayer for bail.

Considering the fact that allegation against the petitioner is identical to those accused who have already been allowed bail by different co-ordinate Benches of this Court, let the petitioner, above named, who is in custody since 09.09.2020, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sarai P.S. Case No. 211 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T