Nirdosh Kumar @ Nirdosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14903 of 2020 Arising Out of PS. Case No.-46 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== NIRDOSH KUMAR @ NIRDOSH MAHTO Son of Ram Bilash Mahto Resident of Village - Pusaho, P.S.- Bithan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Sharma For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bithan P.S. Case No. 46 of 2019, registered for the offence punishable under Sections 307, 341 and 34 of the Indian Penal Code and section 27 of the Arms Act.

It is alleged that while the informant and his elder brother were going to home by motorcycle and when they reached near old Kiln of Umesh Mukhiya, they saw two person boarded on one motorcycle behind Tata Magic vehicle. The accused persons started firing on them as a result of which they

Patna High Court CR. MISC. No.14903 of 2020(3) dt.03-06-2020 2/3 sustained firearm injuries on leg, thereafter the informant and his brother started fleeing and reached at the house of Mukhiya. On seeing the villagers, accused persons fled away. The incident took place, as the brother of informant used to run CSP and they wanted to loot away cash from them.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion. No incriminating article has been recovered from possession of this petitioner. In fact, the petitioner was arrested in another case bearing Alauli P.S. Case No. 134 of 2019, in that case he made his confession before the police. Petitioner is in custody since 19.12.2019.

Considering the facts and circumstances of the case, the petitioner above-named, 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 the learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Bithan P.S. Case No. 46 of 2019 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.14903 of 2020(3) dt.03-06-2020 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T