Shiv Kumar Mahto @ Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26412 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -MADANPURA District- AURANGABAD ====================================================== Shiv Kumar Mahto @ Shiv Kumar Singh Son of Late Kashi Mahato Resident of village - Suggi, P.S. Madarpur, District - Aurangabad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 341, 323, 386, 435 and 506 of the Indian Penal Code.

Allegation against the petitioner is that he along with other accused persons came at the brick kiln of the informant and was searching the informant and demanding levy to be paid. They also assaulted the staff and labourers present at the brick kiln. It has been submitted on behalf of the petitioner that he is in custody since 4.5.2016. Chargesheet has been submitted against the petitioner. He has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. Informant claims to have identified the petitioner at 8:15 in the night. Source of identification has not been disclosed by the prosecution. There is admitted political rivalry between the parties.

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

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.26412 of 2016 (3) dt.23-08-2016 2/2 above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. Case no. 53 of 2016.

(Sudhir Singh, J) sudip/- U T