Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18200 of 2016 Arising Out of PS.Case No. -285 Year- 2014 Thana -RUPAULI District- PURNIA ====================================================== Rajesh Mahto son of late Bino Mahto, resident of village -Bihariganj, PSBihariganj, District-Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sessions Trial No. 393 of 2015 arising from Rupauli (Akbarpur) P.S. Case No. 285 of 2014 registered for offences under sections 302/34 and 392 of the Indian Penal Code and Section 27 of the Arms Act.

The informant received the information that unknown persons killed his son who had gone to collect the money, as he was working in a shop, was an agent for the aforesaid purpose. He was going by his motor cycle bearing registration no. 39K-6740 which was informed the same was lying by his side. As per the first information report, two motor cycles

Patna High Court Cr.Misc. No.18200 of 2016 (2) dt.02-05-2016 2/3 were lying by his side, but the counsel for the petitioner submits that only one motor cycle belonging to the victim, was found at the place where the dead body of the victim was found lying. He has further submitted that the said motor cycle belongs to the victim, not to the petitioner and so much so that nothing incriminating material has been recovered from his possession, save and except, the name of the petitioner has come on confessional statement of co-accused Karelal Mandal and later on, Police recorded his confessional statement. Save and except two materials, there is no other material against the petitioner. He has also submitted that three persons, who are said to be involved in the said incident, have already been granted bail by this Court. Karelal Mandal has been granted bail by this Court in Cr. Misc. No. 25220 of 2015, Ratan Yadav has been granted bail in Cr. Misc. No. 46953 of 2015 and Jawahar Mandal has been granted bail by this Court in Cr. 17610 of 2016.

Charges have been framed. The court below is directed to expedite the trial and complete the same preferably within a period of nine months from the date of receipt/production of a copy of this order and submit the report of completion of the trial.

Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.18200 of 2016 (2) dt.02-05-2016 3/3 let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Patna in connection with Sessions Trial No. 393 of 2015 arising from Rupauli (Akbarpur) P.S. Case No. 285 of 2014.

(Shivaji Pandey, J) Mahesh/- U T