Sanjay Mahton v. The State Of Bihar

Patna High Court Cr.Misc. No.31010 of 2016 (3) dt.09-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31010 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Sanjay Mahton Son of Darogi Mahton Resident of Village- Kurhadih, P.S. Sikandra, District Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Surya Nararyan Poddar, Advocate. For the State : Mr. Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State. The petitioner is apprehending his arrest in connection with Sikandra P.S. Case No. 146 of 2015 registered for the offence under Sections 302, 380 and 34 of Indian Penal Code. Learned counsel for the petitioner submits that so far as the present petitioner is concerned, he is neither an agnate of the informant nor is he admittedly connected with family affairs or land dispute between the parties. It is further submitted only allegation against the petitioner is that he associated with other coaccused persons. It is further submitted that the informant has taken the name of the petitioner on account of local village politics having no concern with the affairs of the present litigation. Learned counsel for the informant submits that the

Patna High Court Cr.Misc. No.31010 of 2016 (3) dt.09-09-2016 victim lady who is a mother of the present informant, was brutally murdered and entire articles in the house of the informant were looted. It is further submitted that previously the informant's cousin namely Mukeshwar Mahto threatened the wife of the informant as a result of which she left the house and his mother was alone in the said house, when crime was committed. Learned counsel for the State, after perusal of the case diary found that save and except, the statement in the F.I.R. that the petitioner was one the co-accused in the present case. It is further submitted that there is no further material in the case diary to implicate the petitioner and there is no eye witness to the occurrence.

Under the facts and circumstances of the case, let the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of copy of order 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 the learned Additional Chief Judicial Magistrate-2, Jamui, in connection with Sikandra P.S. Case No. 146 of 2015, subject to condition as laid down under Section 438 (2) of Cr.P.C (Anjana Mishra, J) m.pal.

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