Sudama Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.16855 of 2017 (2) dt.27-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16855 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -DARAUNDHA District- SIWAN ======================================================

1. Sudama Mahto, S/o Late Nathuni Mahto, Resident of Village- Harsar, P.S.- Duraundha, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyeshwar Prasad, Adv. For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 30.04.2016 in connection with Daraundha P.S. Case No. 65 of 2016 registered under Sections 307/, 120B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the there is general and omnibus allegation against the petitioner, who is of clean antecedent, and no specific overt act is attributed to him rather the specific allegation of firing causing firearm injuries has been leveled against the co-accused, Jitesh. Moreover, nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is rotting in custody for the last one year. Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.16855 of 2017 (2) dt.27-04-2017 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IV, Siwan in connection with Daranundha P.S. Case No. 65 of 2016. (Arvind Srivastava, J.) brajesh/- U T