Sudhir Mahto @ Sudhir Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69743 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- DIGHWARA District- Saran ====================================================== Sudhir Mahto @ Sudhir Kumar Mahto Son of Late Gopal Mahto Resident of Village-Saidpur,P.S. Dighwara,Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard the parties.

Petitioner seeks bail in Dighwara P.S. Case No.89 of 2018 registered for the offences under Sections 363, 302, 201of the I.P.C.

Informant has alleged in his missing report that his nephew Vishal Kumar aged about 9 years was walking on the road and thereafter did not return and even after much search he could not be found, as such, filed a written complaint regarding missing of his nephew. However, subsequently his dead body was recovered from well. The name of the petitioner has surfaced in this case during investigation on the statement made by witness that the boy was seen with the petitioner. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case due to enmity and the

Patna High Court Cr.Misc. No.69743 of 2018(2) dt.06-12-2018 2/2 case appears to be a case of accidental death.He has been falsely implicated on mere suspicion He is in custody since 28.05.2018 having no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh,J.M.-1st, Class, Chapra, Saran, in Dighwara P.S.Case No.89/18 subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) aks/- U