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Patna High CourtCR. MISC./58821/2018bail granted

Raju Mahto v. The State Of Bihar

2018-10-06Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58821 of 2018 Arising Out of P.S.Case No. -78 Year- 2014 Thana -DEWARIA District- MUZAFFARPUR ====================================================== Raju Mahto, S/o Pulis Mahto, Resident of Village- Sirsiya, Madhopur, P.S.- Baruraj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsels for the petitioner and the learned APP for the State.

The petitioner is in custody in connection with Deoria P.S.Case No.78 of 2014 registered for an offence under Section 302/34 of the IPC.

It has been submitted that the allegation of committing murder of deceased is omnibus against eight FIR named accused. This petitioner has no concern with the family affairs of deceased and other co-accused. Petitioner is stranger to the family of deceased. One of the co-accused namely, Jitendra Mahto has been allowed bail by a coordinate Bench of this Court in Cr.Misc.No.26334 of 2018. The petitioner is in custody since 20.04.2018 having clean antecedent.

Patna High Court Cr.Misc. No.58821 of 2018 (2) dt.06-10-2018 2/2 The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of 11th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No.182 of 2015 arising out of Deoria P.S.Case No.78 of 2014 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 themselves 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.

(Sanjay Kumar, J) B.Kr./- U T