Badari Mahto @ Badri Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80093 of 2018 Arising Out of PS. Case No.-78 Year-2009 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Badari Mahto @ Badri Mahto, son of Late Chandrama Mahto, resident of Village- Katalpur, Police Station - Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Baikunthpur P.S. Case No.78 of 2009 instituted for the offence under Section(s) 302/34 Indian Penal Code.

It is alleged in the written report that husband of the informant came to house after selling vegetables. Thereafter, he went to vegetable field at 11 PM after taking meal. He slept in the field at Machan. The informant got information on 03.07.2009 from villagers that her husband has been killed in the field. The informant has raised suspicion against four persons as named in the written report.

Counsel for the petitioner submits that petitioner is not named in the written report. Name of the petitioner has

Patna High Court Cr.Misc. No.80093 of 2018(2) dt.30-01-2019 2/2 come during investigation in the confessional statement of Kanhaiya Manjhi.

Counsel for the petitioner further submits that coaccused, Kanhaiya Manjhi, has already been granted regular bail by co-ordinate Bench of this Court by order dated 26.04.2010 passed in Cr. Misc. No.12725 of 2010.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Gopalganj, in connection with Baikunthpur P.S. Case No.78 of 2009, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T