Loha Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23410 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Loha Mahato Son of Late Diyali Mahato Resident of village and P.S. Medni Chowki, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-082015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 302 and 201/34 of the Indian Penal Code. The prosecution case in, brief, is that on 4.4.2014, the informant went for plucking the vegetables and returned back for selling the same. The father of the informant stayed at his agricultural land. On 6.4.2014 when the informant went in the evening at 4 P.M. then he did not find his father on the said land and he searched his father at his relatives' house but his father was traceless. Thereafter on 6.4.2014 itself the informant along with his mother and bother repeatedly went to his agricultural land for search of his father and in course of search the dead

Patna High Court Cr.Misc. No.23410 of 2015 (3) dt.12-082015 2/2 body of his father was found far away at the bank of river Ganges. The informant suspected that some persons, namely, Raj Kishore Mahto, Sanjay Mahto, Ajay Mahto and 2-3 unknown persons killed his father.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.1.2015.Charge sheet has been submitted in this case. From perusal of FIR it would appear that there is no direct evidence nor any circumstantial evidence to suggest the implication of the petitioner in this case. At best suspicion has been raised against him due to land dispute between the parties.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the facts aforesaid, let above named petitioner 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 learned S.D.J.M., SAdar Munger in Muffasil P.S.Case No. 66 of 2014.

(Sudhir Singh, J) singh/- U