Patna High CourtCR. MISC./31643/2019bail granted

Deepak Kumar Mahto v. The State Of Bihar

2019-05-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31643 of 2019 Arising Out of PS. Case No.-240 Year-2018 Thana- SIKTI District- Araria ====================================================== DEEPAK KUMAR MAHTO Son of Dinesh Mahto Resident of VillageSimarbani, Balua, Police Station-Sikty, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anamul Haque For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 304 of the Indian Penal Code. The FIR is against unknown, who were involved in committing murderous assault to a suspected thief. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent. Only material is suspicion. He is in custody since 22.01.2019. Investigation of the case is already complete. Petitioner is ready to co-operate with the trial.

Learned counsel for the informant opposed the prayer for bail on the ground that some of the people were preparing mobile video of the occurrence and in that video, the petitioner's

Patna High Court CR. MISC. No.31643 of 2019(2) dt.13-05-2019 2/2 face is clearly identifiable to be involved in assault. In fact, the matter is of mob lynching. He further submits that another Coordinate Bench of this Court has called for case diary in the bail matter of some other co-accused.

Considering the nature of allegation and completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sikty Police Station Case No. 240 of 2018 (G.R. Case No. 4109 of 2018), subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Banti U T