Amit Kumar @ Amit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22064 of 2020 Arising Out of PS. Case No.-611 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AMIT KUMAR @ AMIT MAHTO Son of - Sunil Mahto @ Chotu Mahto Resident of - Ward No. 24, Near of Durga Sthan, Bagha, Baghi, Suhird Nagar, P.S.- Town, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.K. Lal, Advocate For the Opposite Party/s :

Mr. Nityanand , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard Mr. S.K. Lal, learned counsel for the petitioner and Mr. Nityanand, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Town P.S. Case No. 611 of 2019 registered for the offence under Section 302 / 201 / 34 of the I.P.C.

The prosecution story as per the First Information Report is that Police found a dead body near the Manokamna -Mandir, whose neck was cut with a sharp weapon and the name of the petitioner has transpired in the investigation on the basis of the information received by the Police from spy. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.22064 of 2020(4) dt.16-10-2020 2/3 petitioner has not committed any offence in the manner alleged and he has only been implicated on the basis of information received by the Police through spy. Learned counsel further submits that there is no eye witness to the incident, none of the witnesses has come forward to support the prosecution story and only a suspicion has been raised by the sister of the deceased. Learned counsel further submits that in all the cases which are pending against the petitioner, he has been enlarged on bail. On the other hand, learned counsel for the State referring to the case diary submits that Police has got information through spy that the petitioner was involved in the murder of the deceased.

Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner has remained in custody for more than 09 months since 02.01.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai / court concerned in connection with Town P.S. Case No. 611 of

Patna High Court CR. MISC. No.22064 of 2020(4) dt.16-10-2020 3/3 2019 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T