Nageshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43158 of 2018 Arising Out of PS.Case No. -273 Year- 2017 Thana -BABUBARHI District- MADHUBANI ====================================================== Nageshwar Mahto, S/o Late Dashai Mahto, Resident of Village- Barail, P.S.- Babubarhi, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Babubarhi P.S. Case No. 273/2017 corresponding to G.R. No. C.R.I. Case No. 2238/2017 (S.T. No. 128/2018), registered for the offences punishable under Section 302 and 34 of the Indian Penal Code.

Informant in his written complaint has alleged committing of murder of her husband while he had gone to see-off his relative.

Petitioner is named in the F.I.R. on the basis of suspicion only. Save and except suspicion, there is no incriminating material against petitioner. From the inquest report also, it appears to be a case of train accident.

Petitioner has no criminal antecedent. He is in custody since 19.01.2018.

Patna High Court Cr.Misc. No.43158 of 2018 (4) dt.24-09-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge IInd, Madhubani in connection with Babubarhi P.S. Case No. 273/2017 corresponding to G.R. No. C.R.I. Case No. 2238/2017 (S.T. No. 128/2018), subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T