Bechan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30005 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- GHOSWARI District- Patna ====================================================== Bechan Mahto S/o Late Hardev Mahto Resident of Village-Milki, Police Station-Ghoswari, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mrs.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Ghoswari P.S. Case No. 22 of 2020, registered for the offence punishable under Sections 302, 34 of the Indian Penal Code.

As per prosecution case, on 19-02-2020, it is alleged that one Kishore Mahto (co-accused) had called husband of the informant on mobile and thereafter, her husband went to Isha nagar, but he did not return and on the next date, she (informant) got an information that the dead-body of her husband is lying in the agricultural land of one Ramotar Mahto. Thereafter, she went there and saw the dead-body of her husband and she further alleged that co-accused Kishore Mahto and other coaccused have committed the murder of her husband. It is submitted on behalf of petitioner that petitioner is not named in the FIR and has been falsely implicated in this

Patna High Court CR. MISC. No.30005 of 2020(2) dt.24-11-2020 2/2 case only on the basis of confessional statement of co-accused Kishore Mahto. It is further submitted that there is neither any eye-witness to the occurrence nor any direct or indirect evidence against the petitioner. Petitioner has got no criminal antecedent, as stated in paragraph - 3 of the petition and he is in custody since 07-03-2020. Chargesheet has already been submitted. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.P.Arya, learned Judicial Magistrate 1st Class, Barh, Patna in connection with Ghoswari P.S. Case No. 22 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T