Mukesh Kumar Mahto @ Mukesh Kr. Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26498 of 2020 Arising Out of PS. Case No.-59 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mukesh Kumar Mahto @ Mukesh Kr. Mahto aged about 30 years, Gender - Male, Son of Kedar Mahto, Resident of Village - Kasar, Police Station - Kasar, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2020 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 59 of 2020 registered for the offence under Section 302 / 34 of the I.P.C. and vide order dated 24.03.2020 added Sections 201 / 120 (B) of the I.P.C. The allegation as per the First Information Report is that one Kailash Yadav and Gariban Yadav along with mother of the informant killed the father of the informant due to some dispute regarding sale and purchase of the land. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and has falsely been

Patna High Court CR. MISC. No.26498 of 2020(4) dt.01-12-2020 2/3 implicated in this case on the basis of confessional statement of Chhotu Kumar and Sanjeet Mahto.

On the other hand, learned counsel for the State referring to the case diary submits that the co-accused persons namely, Chhotu Kumar and Sanjeet Mahto have confessed their guilt and have stated that ATM Cards, Debit Cards, Master Cards of various Banks of the deceased were handed over to the petitioner.

Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 24.03.2020, 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, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 59 of 2020 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,

Patna High Court CR. MISC. No.26498 of 2020(4) dt.01-12-2020 3/3 his bail bond shall liable to be cancelled.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

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