Jitendra Prasad @ Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18282 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -KARENDE District- SEKHPURA ====================================================== Jitendra Prasad @ Jitendra Mahto, son of Sahdeo Mahto, resident of Village- Bajitpur, P.O.- Mahapur, P.S.- Kawakol, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Prasad, Advocate. For the Opposite Party/s : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2017 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 8 of 2017 arising out of Karandey P.S. Case No. 20 of 2016 instituted for the offence under Sections 364, 302, 201 and 12 of the Indian Penal Code.

As per written report, son of the informant, Ajay Kumar, went to Aliganj Market from Yamaha Motorcycle and did not return back till next morning. The informant started searching but no trace was found. The Mobile of his son (deceased) was always found switched off.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.18282 of 2017 (4) dt.22-06-2017 2/3 name of this petitioner has come in the confessional statement recorded by the police in paragraph-50 of the case diary. It has further been submitted that co-accused Birendra Kumar @ Biro @ Pauva @ Rajesh Kumar and Sharvan Mahto, have already been granted bail by a coordinate Bench of this Court vide order dated 12.4.2017 and 1.3.2017 passed in Cr. Misc. 17317 of 2017 and 9068 of 2017 respectively.

The counsel for the opposite party No. 2 and State have submitted that on the confessional statement of this petitioner, the dead-body of the deceased was recovered as mentioned in paragraph-51 of the case diary.

The written report is against unknown. Besides the confessional statement of the petitioner recorded before the police in paragraph-50 of the case diary, there is no any other allegation of specific overt against him.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. and Sessions Judege, Sheikhpura, in connection with Sessions Trial No. 8 of 2017 arising out of Karandey P.S. Case No. 20 of 2016, subject to

Patna High Court Cr.Misc. No.18282 of 2017 (4) dt.22-06-2017 3/3 the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T