Sunil Kumar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.749 of 2016 Arising Out of PS.Case No. -291 Year- 2015 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Sunil Kumar Mahto

2. Anil Kumar Mahto,

3. Sonu Kumar @ Sonu Kumar Mahto, All sons of Bindeshwar Mahto, Residents of Village Gonhar Nawada, P.S. Samastipur Muffasil, District - Samastipur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Samastipur Muffasil P. S. Case No. 291 of 2015 registered under Section 302/34 of the Indian Penal Code. It is contended that there is no eye witness of the occurrence and the informant has lodged the FIR against the petitioners merely on the basis of hypothetical presumption and wild suspicion and even during investigation no witness has come forward to say that the petitioners were involved in any

Patna High Court Cr.Misc. No.749 of 2016 (2) dt.12-01-2016 2/2 manner in killing of the deceased. It is further contended that from perusal of the post-mortem report, it would be apparent that cause of death was due to cardio respiratory failure caused by high voltage electric current. In that view of the matter, submission is that in a case of accidental death, due to enmity existing from before, the petitioners have been falsely implicated in this case.

Learned counsel for the State has opposed the application for grant of anticipatory filed on behalf of the petitioners.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are 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 learned S.D.J.M., Samastipur in Samastipur Muffasil P. S. Case No. 291 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T