Gautam Kumar @ Gautam Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25100 of 2019 Arising Out of PS. Case No.-501 Year-2018 Thana- JAMUI District- Jamui ====================================================== 1.

Gautam Kumar @ Gautam Mahto Son of Singheshwar Mahto Resident of Village-Amrath, P.S-Jamui, District-Jamui.

2.

Prakash Mahto Son of Late Dakhi Mahto Resident of Village-Amrath, P.SJamui, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Sinha For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Jamui P.S. Case no. 501 of 2018 registered under Sections 302, 34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners and seven other accused persons are said to have slapped and fisted the informant and his brother while co-accused Dinesh Mahto resorted firing upon the eye of the brother of the informant, namely, Upendra Yadav which

Patna High Court CR. MISC. No.25100 of 2019(2) dt.18-04-2019 2/3 proved fatal.

It is submitted by learned counsel for the petitioners that the petitioners do not happen to be assailant. The allegation of fisting and slapping of the informant and his brother levelled against the petitioners is not specific rather general and omnibus. They have been falsely implicated in this case. They have no criminal antecedent.

Per contra, it is submitted by learned counsel for the informant and learned APP for the State that the petitioners have conspired in commission of the aforesaid occurrence of murder of Upendra Yadav and they have also mounting pressure upon the informant to withdraw the case and extended threatening to him.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Jamui in connection with Jamui P.S. Case no. 501 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C with further condition that the petitioners shall not extend any sort of

Patna High Court CR. MISC. No.25100 of 2019(2) dt.18-04-2019 3/3 threatening or mount pressure upon the informant to withdraw the case else their bail bonds shall stand cancelled. (Prakash Chandra Jaiswal, J) rohit/- U T