Bhikhari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39784 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -KUNDWACHAINPUR District- EAST CHAMPARAN (MOTIHARI) ====================================================== Bhikhari Mahto son of Late Batahu Mahto, resident of village- Chhotaki Pantaki Ram, Police Station- Bairagania, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. R.S. Chaudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 395 and other sections of the Indian Penal Code.

The petitioner is not named in the F.I.R. Name of the petitioner figured in the case in the confessional statement of coaccused Harendra Mahto. It is submitted that except the confession, there is no material against the petitioner. Basanti Giri and Arvind Giri also made their statements in Paras 68 and 69 in which they disclosed that they heard about participation of the petitioner in the alleged crime. They are hearsay witnesses. The petitioner has not been put on T.I.P. though he is in jail since 04.04.2015.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond

Patna High Court Cr.Misc. No.39784 of 2015 (2) dt.08-09-2015 2/2 of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari, District - East Champaran in Kundwa-Chainpur P.S. Case No. 100 of 2014, corresponding to Tr. No. 5650 of 2015.

(Prabhat Kumar Jha, J) Dilip/- U T