Patna High CourtCR. MISC./21458/2020allowed

Pintu Mahto @ Nagendra Mahto v. The State Of Bihar

2020-08-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21458 of 2020 Arising Out of PS. Case No.-7 Year-2004 Thana- WARISLIGANJ District- Nawada ====================================================== Pintu Mahto @ Nagendra Mahto aged about 45 years, male, Son of Late Dukhi Mahto Resident of Village - Chakway, P.S.- Warisaliganj, DistrictNawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoj Kumar, Advocate For the Opposite Party :

Mr.Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-08-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Warisaliganj P.S. Case No. 07 of 2004 for the offence under Sections 392 and 303 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner was not named in the first information report and his name surfaced on the confessional statement of co-accused Ranjit Thakur. Petitioner is in custody since 17.10.2019. Learned counsel for the petitioner submits that the occurrence took place on the busy road and there is no evidence that the petitioner participated in the commission of crime and

Patna High Court CR. MISC. No.21458 of 2020(3) dt.20-08-2020 2/2 he has been made accused on the confessional statement of coaccused Ranjit Thakur. Considering the fact that the petitioner was not named in the FIR, his name surfaced on the confessional statement of co-accused Ranjit Thakur and he is in custody since 17.10.2019, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 07 of 2004.

Further, on release the petitioner shall render his service as volunteer to combat the COVID pandemic for a period of one month. He is required to report before the Civil Surgeon, Nawada-cum-Nodal Officer, COVID.

(Anil Kumar Upadhyay, J) BT/- U T