Shailendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27554 of 2021 Arising Out of PS. Case No.-498 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== 1.

SHAILENDRA MAHTO Son of Lal Babu Mahto Resident of VillageRahathuan, P.S.- Brahampur, District- Buxar. 2.

Yogesh Mahto Son of Lal Babu Mahto Resident of Village- Rahathuan, P.S.- Brahampur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-10-2021 Let the defects be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Submission is that the F.I.R. of the occurrence of murder is against unknown. Moreover, the F.I.R. was lodged after one month of the occurrence. Only material against the petitioners and others is suspicion. Similarly situated co-accused namely Rajesh Mahto has been allowed bail by this Court vide order dated 01.10.2021 passed in Cr. Misc. No. 27394 of 2021. Considering the submission aforesaid, let the

Patna High Court CR. MISC. No.27554 of 2021(2) dt.05-10-2021 2/2 petitioners, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Brahampur P.S. Case No. 498 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners 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 petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T