Kari Singh (Bind) @ Kari Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33401 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== KARI SINGH (BIND) @ KARI MAHTO Son of Tulsi Singh Resident of Village - Ganga Prasad, P.S.- Barauni (Chakiya O.P.), Distt - Begusarai. At present R/v - Rajauli Chamtha Bind Tol, P.S.- Bachhwara, Distt - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Bachhwara P.S. Case No. 57 of 2018, instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged in the written report that husband of the informant was shot dead near Kirana shop of Bindeshwari Mahton by the miscreants. On hearing sound of firing, the informant came out from the house and saw petitioner along with three accused persons as named in the written report running away from the place of occurrence. The informant could not identify other accused persons who were also found
Patna High Court CR. MISC. No.33401 of 2019(3) dt.26-06-2019 2/3 running away from the place of occurrence. It is further alleged that son of Bindeshwari Mahton namely, Muntun Kumar used to sell liquor. He was arrested about two months back. The petitioner and co-accused Bindeshwari Mahto used to give threat to husband of the informant to kill him saying that he was instrumental in getting his son arrested. Counsel for the petitioner submits that co-accused Bindeshwari Mahton has already been granted bail by coordinate Bench of this Court vide order dated 14.3.2019 passed in Cr. Misc. 401 of 2019. He further submits that in the written report mere suspicion has been raised against the petitioner. The informant has not seen occurrence committed by this petitioner.
Petitioner is in custody since 3.10.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Thakur Aman Kumar, learned Additional Chief Judicial Magistrate-6th, Begusarai, in connection with Bachhwara
Patna High Court CR. MISC. No.33401 of 2019(3) dt.26-06-2019 3/3 P.S. Case No. 57 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T