Deepnarain Mahto @ Deepak Mahto @ Deepu v. The State Of Bihar

Patna High Court Cr.Misc. No.55943 of 2018 (2) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55943 of 2018 Arising Out of PS.Case No. -251 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Deepnarain Mahto @ Deepak Mahto @ Deepu S/o Achhe Lal Mahto, R/o Vill.- Bhatuadih, P.S.- Bathnaha, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 The petitioner seeks regular bail in connection with Riga P.S. Case No. 251 of 2017, registered for offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Prosecution case is that the informant received an information that a dead body has been buried near Tapaswi Narain Halt, on which, he went there and informed the police, thereafter, the police came and recovered a headless dead body. It has been submitted on behalf of the petitioner that he is not named in the F.I.R., his name surfaced only on the confessional statement of co-accused and except that there is nothing against the petitioner and he has falsely been implicated in this case and he has been in judicial custody since 08.05.2018. Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned

Patna High Court Cr.Misc. No.55943 of 2018 (2) dt.08-10-2018 facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Riga P.S. Case No. 251 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail (Vinod Kumar Sinha, J) sunil/- U T