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Patna High CourtCR. MISC./52166/2019bail granted

Indal Mahto @ Indal Kumar v. The State Of Bihar

2019-09-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52166 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Indal Mahto @ Indal Kumar Son of Yogendar Mahto, Resident of VillageRiga, Tole Ramnagar, Ward No. 1, P.S. Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Riga P.S. Case No. 106 of 2018 for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the murder of the brother of the informant on account of him being shot by firearms by the accused persons. The deceased is stated to be a leader of the labour union of Riga Sugar Mill and there was some dispute with the sugar mill owner and the manager, since the deceased was constantly raising problems of the workers, hence it is alleged that the accused persons had killed the brother of the informant.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.52166 of 2019(3) dt.27-09-2019 2/2 petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is languishing in custody since 25.06.2019. Lastly, it is submitted that similarly situated co-accused persons like the petitioner, who are also not named in the FIR and are neither the owner nor manager of the sugar mill have also been granted bail by order dated 11.06.2019 passed in Cr. Misc. No. 20890 of 2019, by order dated 3.5.2019 passed in Cr. Misc. No. 21619 of 2019 as well as by the orders dated 9.8.2019 and 26.08.2019 passed in Cr. Misc. No. 49610 of 2019 and 52110 of 2019.

Considering the aforesaid facts and circumstances of the case as also the fact that similarly situated co-accused persons have already been granted bail, I deem it fit and proper to enlarge the petitioner, above named, on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Riga P.S. Case No. 106 of 2018. (Mohit Kumar Shah, J) Tiwary/- U T