Ganesh Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8149 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -EKMA District- SARAN ======================================================

1. Ganesh Mahto Son of Late Dharmadeo Mahto

2. Upendra Mahto Son of Sri Ganesh Mahto

3. Samita Devi @ Savita Devi Wife of Sri Motilal Mahto @ Saral Mahto, All Resident of Village-Ekma Noniya Toli, P.S.Ekma, District-Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-04-2017 Heard learned counsel for the petitioners, the State and the informant.

The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the I.P.C.

The prosecution story, in short, is that the accused persons including the petitioners committed murder of the son of the informant.

It has been submitted on behalf of the petitioners that the petitioner Nos.1 and 2 are in custody since 04.10.2016 and petitioner No.3 is in custody since 29.12.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.8149 of 2017 (4) dt.19-04-2017 2/2 witnesses alleged against the petitioners. General and omnibus allegation has been made. No specific overt act has been alleged against the petitioners. The other co-accused have been granted bail vide Cr.Misc.No.5420 of 2017.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner Nos.1 and 2 are named in the F.I.R. and petitioner No.3 is not named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Divya Prakash, learned Judicial Magistrate, 1st class, Saran, Chapra in connection with Ekma P.S. case No.154 of 2016. (Sudhir Singh, J) Narendra/- U T