Kunal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31882 of 2017 Arising Out of PS.Case No. -77 Year- 2014 Thana -KORMA District- SEKHPURA ====================================================== Kunal Mahto S/o Ramnandan Mahto, aged 35 Years R/o Baughat, P.S. Korma, District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 27.03.2016 in connection with Sessions Trial No. 67 of 2016 arising out of Korma P.S. Case No. 77 of 2014 registered for the offence punishable under Section 302 and other allied sections of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that due to family dispute the petitioner, who is own brother of the deceased, took out dagger and killed him.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and trial is

Patna High Court Cr.Misc. No.31882 of 2017 (3) dt.02-08-2017 2/3 going on at the stage of evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Earlier the petitioner had moved this Court of grant of bail, which was rejected vide order dated 19.12.2016 passed in Cr. Misc. No. 50055 of 2016.

A report was called for from the Court of the learned District and Sessions Judge, Sheikhpura regarding the stage of the trial and report has been received vide Letter No. 14 dated 14.07.2017 that the trial is running on evidence. Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sheikhpura in connection with Sessions Trial No. 67 of 2016 arising out of Korma P.S. Case No. 77 of 2014 , subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned Court

Patna High Court Cr.Misc. No.31882 of 2017 (3) dt.02-08-2017 3/3 below on each and every date and failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T