Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43588 of 2014 Arising Out of PS.Case No. -98 Year- 2013 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Binod Mahto Son of Late Choudhary Mahto Resident of VillageNathudwar, P.S.-Khanpur, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Admittedly, the informant is not an eye witness of the alleged occurrence and she came to know about the name of the petitioner on the basis of discloser made by other. Moreover, in course of investigation, it came to light that deceased, had entered into the house of one person but he was caught by the villagers and badly beaten as a result whereof he died. In the present case the witnesses, who had disclosed the name of the petitioner before the informant have only claimed to have seen the F.I.R named accused taking away the victim but admittedly, they have not claimed to have seen the actual killing of the deceased. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.43588 of 2014 (3) dt.13-03-2015 2/2 well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Khanpur P.S.Case No. 98 of 2013.

(Hemant Kumar Srivastava, J) Namita/- U T