Shyamadhar Mahton @ Shyamadha Mahto @ Shyamadhar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16441 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Shyamadhar Mahton @ Shyamadha Mahto @ Shyamadhar Mahto Son of Late Lekho Mahton, Resident of Village- Mokhtiyarpur, Police Station- Bhagwanpur, District-Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lala Sheshendra Narayan Rais, Adv For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-06-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Shyamadhar Mahton @ Shyamadha Mahto @ Shyamadhar Mahto, in connection with Bhagwanpur Police Station Case No. 131 of 2015, under Section 304(B)/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Lala Sheshendra Narayan Rais, learned Counsel for the petitioner, and Mr. Rajendra Singh Shastri, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused above-named has been in custody since 13.07.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial

Patna High Court Cr.Misc. No.16441 of 2016 (2) dt.29-06-2016 2/2 has not yet commenced and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Sessions Judge-VII, Begusarai, in connection with Bhagwanpur Police Station Case No. 131 of 2015.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of.

Mkr./- (I.A. Ansari, ACJ.) U T