Dilip Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.5959 of 2016 (2) dt.22-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5959 of 2016 Arising Out of PS.Case No. -110 Year- 2015 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Dilip Mahto Son of Dharmendra Mahto Resident of Village- Narepur, P.s Bachhwara, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Teghra P.S. Case No. 110 of 2015 registered for the offences punishable under Sections 302, 34, 120B of the Indian Penal Code. The petitioner is not named in the first information report but during course of investigation it has been suspected that the petitioner and other co-accused have killed the deceased, the name of the petitioner has come in confessional statement of co-accused Rajniti Yadav @ Raju Yadav who has already been allowed bail vide Cr. Misc. No. 43739 of 2015 by another co-ordinate Bench of this Court and on this ground it is submitted that the petitioner also deserves sympathetic consideration as he is suffering in custody

Patna High Court Cr.Misc. No.5959 of 2016 (2) dt.22-02-2016 since 25.10.2015. It is also submitted that from the impugned order it reveals that besides confessional statement and suspicion there is nothing against the petitioner.

Learned APP is not in a position to distinguish the case of the petitioner from that of co-accused Rajniti Yadav. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 110 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T