Jyotish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26466 of 2020 Arising Out of PS. Case No.-352 Year-2019 Thana- BANKA District- Banka ====================================================== JYOTISH MAHTO, Son of Panchanand Mahto Resident of VillageGowabakhar, P.S.- Banka, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Vinod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2020 Nobody appears on behalf of the petitioner.

The State is represented by Mr. Vinod Kumar, learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Banka P. S. Case No. 352 of 2019 dated 31.05.2019, instituted for the offences under Sections 307 and 34 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act, 1908.

Patna High Court CR. MISC. No.26466 of 2020(2) dt.02-11-2020 2/3 It appears from the F.I.R. that 3 to 4 unknown persons pelted bomb over the brother of the informant resulting in injuries to his brother and another person. There could have been the possibility of the brother of the informant having been killed.

The petitioner is not named in the F.I.R. nor is there any eye witness in this case.

It appears from the averments made in the petition that name of the petitioner has transpired on the confession of some accused persons.

Considering the afore-noted accusation against the petitioner and taking into account his clean antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in

Patna High Court CR. MISC. No.26466 of 2020(2) dt.02-11-2020 3/3 connection with Banka P. S. Case No. 352 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

This order shall be implemented only and naturally if the petitioner has not yet been arrested. (Ashutosh Kumar, J) skm/- U T