Pankaj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47230 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -KORHA District- KATIHAR ====================================================== Pankaj Mahto, Son of Lilo Mahto, Resident of Village- Nawabganj, P.O. & P.S.- Korha, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner : Mrs. Rekha Prasad, Advocate For the Opposite Party/s : Mr. Anuradha Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Korha P.S. Case No.95 of 2015 for allegedly having committed the offence under Sections 450 and 307/34 of the Indian Penal Code.

Learned Counsel for the petitioner submits that admittedly, F.I.R. has been filed after a gap of two days, for which no plausible explanation has been given by the informant. It is further submitted that the petitioner's name did not figure in the F.I.R., but subsequently after a gap of six days, for the reasons best known to the informant, petitioner's name has been brought in. Admittedly, there was no eye-witness to

Patna High Court Cr.Misc. No.47230 of 2015 (2) dt.14-01-2016 2/2 the occurrence.

Considering the nature of the allegations made against the present petitioner and that he has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Korha P.S. Case No.95 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T