Rajesh Mahto @ Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25304 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- BANIAPUR District- Saran ====================================================== RAJESH MAHTO @ KHAN SON OF RAMASHISH MAHTO R/O VILLAGE- AMAW, P.S.- BANIAPUR, DIST.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi, Advocate.

For the Opposite Party/s :

Mrs. Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-09-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 394/302 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. of the occurrence is against unknown rather co-accused Shambhu Sah confessed before the police that he had fired at the time of robbery and firing had caused death. Name of the petitioner surfaced in the confessional statement of co-accused Shambhu Sah. Petitioner is in custody since 23.09.2020.

Submission is that the petitioner was not put on T.I. parade during investigation nor any incriminating article was

Patna High Court CR. MISC. No.25304 of 2021(2) dt.14-09-2021 2/2 recovered from his possession.

Considering the nature of material against the petitioner, let the petitioner, above named, 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 Baniapur P.S. Case No. 209 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