Subhash Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.21061 of 2017 (3) dt.20-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21061 of 2017 Arising Out of PS.Case No. -82 Year- 2015 Thana -ARIYARI District- SEKHPURA ====================================================== Subhash Mahto, son of Brahamdeo Mahto, resident of Village- Mankaul, P.S.- Ariyari District- Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2017 Heard both sides.

The petitioner seeks bail in Ariyari P.S. Case No. 82/2015, registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.

The informant alleged that his son was studying in Vidya Mandir, but he was withdrawn from the school. Ajay called his son Vikki Kumar. Thereafter Vikki did not return. The dead body of Vikki was recovered.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The petitioner has falsely been implicated in the case only because the petitioner happens to be the brother-in-law of the co-accused Dhiraj. Dhiraj and Gaurav are last seen with the deceased Vikki on a motorcycle. Even during

Patna High Court Cr.Misc. No.21061 of 2017 (3) dt.20-06-2017 the course of investigation, save and except the fact that petitioner happens to be the brother-in-law of Dhiraj no other material has been collected. It is found that Dhiraj had talk with the petitioner, but nobody has seen the petitioner in the company of Dhiraj before or after the occurrence.

Learned A.P.P. did not dispute this fact.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Ariyari P.S. Case No. 82/2015.

(Prabhat Kumar Jha, J.) Vinita/- U T