Babu Saheb Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.1425 of 2017 (4) dt.28-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1425 of 2017 Arising Out of PS.Case No. -64 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ======================================================

1. Babu Saheb Mahto S/o Ganesh Mahto Resident of Village-Bakhari (Garhi Tola) P.S.-Bakhari Distt.-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 26.10.2016 in connection with Samastipur P.S. Case No. 64 of 2015 registered under Sections 328, 307, 379 and 411 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, name of this petitioner has surfaced in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is rotting in custody for the last four months.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.1425 of 2017 (4) dt.28-03-2017 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, 2nd, Samastipur in connection with Samastipur Rail P.S. Case No. 64 of 2015/ S.T. No. 164 of 2016. (Arvind Srivastava, J) brajesh/- U T