Raushan Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7817 of 2017 Arising Out of PS.Case No. -357 Year- 2014 Thana -BAKHRI District- BEGUSARAI ====================================================== Raushan Mahton, aon of Faudar Mahton, resident of Village- Samsa, P.S.- Naokothi, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bakhri P.S.Case No. 357 of 2014 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR but later on on basis of confessional statement co-accused the name of the petitioner has transpired, nothing incriminating article has been recovered from the possession of the petitioner and he is in custody since 27.6.2016 and charge-sheet has already been submitted in this case.

Heard learned APP also.

Having heard both sides and considering the fact that

Patna High Court Cr.Misc. No.7817 of 2017 (2) dt.22-02-2017 2/2 except confessional statement of co-accused there is nothing against the petitioner and he has remained in custody for eight months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Begusarai, in connection with Bakhri P.S.Case No. 357 of 2014, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U