Bhola Mahto @ Bhuneshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11020 of 2015 Arising Out of PS.Case No. -51 Year- 2014 Thana -KAJRA District- LAKHISARAI ====================================================== Bhola Mahto @ Bhuneshwar Mandal S/o Late Mural Mahto Resident of Village - Punadih, P.S. - Kajra, District - Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-05-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 06.12.2014 in connection with Kajra P.S. Case No. 51 of 2014 registered for the offences punishable under Sections 147, 148, 149, 121, 122, 123, 124/A/120(B)/302 of the Indian Penal Code, Section 27 of the Arms Act and Sections 16/18/20/23 of U.A.P. Act. It is submitted by learned counsel for the petitioner that the allegation as made against him is that some persons including this petitioner had been moving around the town who were members of extremist groups. Thus, it was suspected that these persons had engaged themselves in the kidnapping and murder of one Arjun Mandal who was a Chowkidar and had been posted at a Puja Pandal. It is further submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.11020 of 2015 (4) dt.25-05-2015 P2/2 that actually there is no witness to the said kidnapping and the petitioner's name has been brought in, on mere suspicion. Learned counsel for the State however, submits that another co-accused has made a confessional statement before the Police naming this petitioner as one of the participants of the crime. However, in view of the fact that the confessional statement made before the Police does not have any evidentiary value and that there is no other cogent material in the case diary save and except that the petitioner is said to be a member of extremist group and considering the period of custody, let the petitioner Bhola Mahto, 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 learned District and Sessions Judge, Lakhisarai in connection with Kajra P.S. Case No. 51 of 2014. (Anjana Mishra, J) Saif/- U T