Patna High CourtCR. MISC./12710/2019bail granted

Kallu Mahto v. The State Of Bihar

2019-05-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12710 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- BYPASS District- Patna ====================================================== KALLU MAHTO, Son of Ramdeo Mahto @ Jitu Kumar, Resident of Village - Bahri Begampur, Mandaipar, P.S. - Bypass, Distt. - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner and his son Raja Kumar allegedly caused firearm injury to the husband of the informant as a result whereof he died. The reason for occurrence is that deceased had married with the daughter of the petitioner which was not liked by the family of the petitioner.

Submission is that the informant is not an eyewitness of the occurrence and considering the aforesaid fact co-accused Raja Kumar has been allowed bail by a Coordinate Bench of this Court vide order dated 28.09.2018 passed in Cr. Misc. No. 52728 of 2018 (Annexure-3). Petitioner is in custody since

Patna High Court CR. MISC. No.12710 of 2019(3) dt.09-05-2019 2/2 18.01.2018.

Considering the grant of bail to the co-accused, having similar allegation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 279 of 2018 arising out of Bypass Police Station Case No. 08 of 2018, C.I.S. No. 115 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T