Arvind Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41164 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== Arvind Kumar Mahto S/o Jagdish Mahto R/o village- Gaddopur, P.S.- Bangara, District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant was sleeping in the house at night, the accused persons with intention to kill, fired upon him as a result of which, the informant sustained fire-arms injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-01-2019. Charge sheet has already been submitted. The alleged occurrence is of night at

Patna High Court CR. MISC. No.41164 of 2019(2) dt.05-07-2019 2/2 2.00 a.m. No source of identification has been disclosed. As per FIR, the petitioner was seen fleeing away from the place of occurrence. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Sub Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiyarpur P.S. Case No. 207 of 2018. (Sudhir Singh, J) A.K.V.//- U T