Shyam Mahto @ Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24326 of 2017 Arising Out of PS.Case No. -328 Year- 2006 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Shyam Mahto @ Shyam Kumar Son of Late Ram Chandra Mahto, Resident of Village- Repura Rampur Balli, P.S.- Saraiya, DistrictMuzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-10-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 328 of 2006, registered under Sections 395, 412 & 414 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that in course of going to Rajapur by the informant boarding on his motorcycle five persons surrounded him boarding on two motorcycles and made attempt to loot of the motorcycle on the point of pistol. The informant started fleeing in the meantime firing was made. The informant raised alarm then villagers started to chase the miscreants then they started fleeing leaving the motorcycle, but one Mohan Sharma was apprehended, who disclosed the name of the petitioner and other associates. Learned counsel for the petitioner submits that the name

Patna High Court Cr.Misc. No.24326 of 2017 (5) dt.13-10-2017 2/2 of the petitioner has been disclosed by co-accused Mohan Sharma, who has been acquitted on 07.12.2010 passed in S.T. No. 310 of 2007 by the Court of Addl. Sessions Judge-IV, Muzaffarpur. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Muzaffarpur in connection with Saraiya P.S. Case No. 328 of 2006, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T