Jodhi Mahto v. The State Of Bihar
Patna High Court Cr.Misc. No.43758 of 2015 (3) dt.14-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43758 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -JAMUI District- JAMUI ====================================================== Jodhi Mahto Son of Late Sahdeo Mahto, Resident of Village - Kakan, P.S. and District -Jamui.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pankaj Kumar Sinha For the Opposite Party : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Learned counsel for the petitioner is permitted to make necessary correction in the prayer partition of the application. Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 04.03.2015 in a case instituted under Sections 302, 394, 307, 341, 323, 325 and 120(B) of the Indian Penal Code.
As per allegation, it is a case of murder of one Neeraj Singh by the accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.03.2015. Petitioner has got no criminal antecedent.
Earlier the bail application of the petitioner was rejected by this Court vide order dated 09.06.2015 passed in Cr.Misc.No.15858 of 2015 with an observation that the petitioner may renew his prayer for bail after six months in custody, hence
Patna High Court Cr.Misc. No.43758 of 2015 (3) dt.14-10-2015 the present application has been moved.
On behalf of the State and the counsel for the Informant, it has been submitted that the petitioner is named in the FIR.
Considering the observations made in Cr.Misc.No.15858 of 2015, let the 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 District & Sessions Judge, Jamui in connection with Sessions Trial No.91 of 2015 arising out of Jamui P.S.Case No.73 of 2014.
In para-3 of the petition, it has been stated on behalf of the petitioner that the petitioner has got no criminal antecedent and the same is controverted by the counsel for the informant. On behalf of the Informant, it is stated that the petitioner is accused in as many as three cases, i.e., Jamui P.S.Case No.91 of 2000, Jamui P.S.Case No.114 of 2000 and Jamui P.S.Case No.157 of 2000. The court below is directed to verify the aforesaid fact, if the petitioner has got no criminal antecedent, then only the bail bond of the petitioner shall be accepted.
(Sudhir Singh, J) Brajesh Kr./- U T