Lakshmi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29626 of 2020 Arising Out of PS. Case No.-21 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== LAKSHMI MAHTO S/o Kalpu Mahto @ Kapildeo Mahto Resident of Village-Pakri, P.S.-Birpur, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the Opposite Party/s :

Mr. Jogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2020 This matter has been taken up in virtual Court. Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/326/307/34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR of the occurrence is against unknown. The impugned order reveals that during investigation name of the petitioner surfaced in the statement of eyewitness Birendra Kumar, who stated that in fact co-accused Ram Pukar Mahto had fired at the father of the informant.

Since no allegation has been levelled by the eyewitness

Patna High Court CR. MISC. No.29626 of 2020(2) dt.24-11-2020 2/2 Birendra against the petitioner and petitioner has got no criminal antecedent as well as considering the fact that investigation of the case is already complete, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Birpur P.S. Case No.21 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T