Shiva Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31770 of 2020 Arising Out of PS. Case No.-60 Year-2017 Thana- PHULWARIA District- Begusarai ====================================================== SHIVA MAHTON Son of Shankar Mahton Resident of Village - Phulwaria, Ward No.- 5, P.S.- Phulwaria, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-12-2020 In view of the submission and the undertaking of the learned counsel for the petitioner, at the time of hearing of this application through video conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 25.11.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Phulwaria P.S. Case No. 60 of 2017, registered under Sections 387 and 307/34 of the Indian Penal Code and Section 3/4 of Explosive Substance Act.

The accusation is that in the evening of 18.05.2017, the informant Ashok Sao, being Munsi of

Patna High Court CR. MISC. No.31770 of 2020(2) dt.10-12-2020 2/2 foodgrain shop, was present at godown, in the meantime, explosion took place and smoke spread in whole godown in which he also sustained injury. Thereafter, other staffs came there and rushed him to the hospital for treatment. The godown owner has also informed him that threatening is being given for payment of ransom and he also disclosed the name of Rajeev Yadav and Parshuram Mahto, who had demanded ransom.

Learned counsel appearing for the petitioner submits that petitioner is not named in the F.I.R. and his name surfaced in the confessional statement of F.I.R. named accused Rajeev Yadav. The petitioner has no criminal antecedent and he is in custody since 19.11.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Rajeev Kumar, J.M. 1st Class, Begusarai in connection with Phulwaria P.S. Case No. 60 of 2017. One surety must be parents/close relative of the petitioner. (Rajendra Kumar Mishra, J) manish/- U T