Patna High CourtCR. MISC./22337/2015bail granted

Kampani Mahto @ Binay Kumar v. The State Of Bihar

2015-07-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22337 of 2015 Arising Out of PS.Case No. -171 Year- 2013 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Kampani Mahto @ Binay Kumar S/o amchalish Mahto Resident of Village Belthu, P.S. Sahkund, District Bhagalpur (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 17.06.2014 in a case registered for the offences punishable under sections 302, 201/34 of the Indian Penal Code. It is alleged that the FIR named accused persons including the petitioner came on motorcycle and took the brother of the informant to market, the victim sat with co-accused Sonu Mandal on one motorcycle whereas petitioner Kampani Mahto and co-accused Viveka Mahto went on another motorcycle but the victim did not return. Subsequently, the dead body of the victim was recovered. The accusation of giving threatening earlier is against co-accused Pappu Mahto, Niranjan Mahto and Shyam Mahto.

Patna High Court Cr.Misc. No.22337 of 2015 (2) dt.07-07-2015 2/2 It is submitted by learned counsel for the petitioner that except the circumstantial evidence there is nothing against the petitioner and co-accused Sonu Mandal, on whose motorcycle the victim went to market has been directed to be released on bail vide Criminal Miscellaneous No. 9446 of 2015 after framing of charge. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid fact, 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 Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Shahakund P.S. Case No.171 of 2013.

(Dinesh Kumar Singh, J) Ashwini/- U T