Patna High CourtCR. MISC./7485/2017allowed

Kishori Mahto @ Muni Baba @ Kishori v. The State Of Bihar

2017-03-10Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.7485 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7485 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -BELAGANJ District- GAYA ======================================================

1. Kishori Mahto @ Muni Baba @ Kishori, Son of Late Ragho Mahto, Resident of Village- Piraudha Math, Police Station- Akauri, DistrictJehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 17.06.2016 in connection with Belaganj P.S. Case No. 138 of 2016 registered under Sections 323, 341, 386, 435, 379 and 34 of the Indian Penal Code and Section 14, 16, 17, 18, 20, 38, 40 of the Unlawful Activities Prevention Act and Section 17 of the Criminal Law Amendment Act.

Learned counsel for the petitioner has submitted that the there is general and omnibus allegation against this petitioner. No specific overt act is attributed to him. Merely on suspicion the petitioner has been implicated in this case. Nothing incriminating has recovered from the possession of the petitioner nor the petitioner has been put on T.I.P. till date. Moreover, the co-accused, Kamlesh Sharma, has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.

Patna High Court Cr.Misc. No.7485 of 2017 (2) dt.10-03-2017 42501 of 2016. The petitioner is rotting in custody for the last seven months.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Gaya in connection with Belagang P.s. Case No. 138 of 2016.

(Arvind Srivastava, J) brajesh/- U T