Ram Bilash Mahto @ Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67247 of 2019 Arising Out of PS. Case No.-105 Year-2017 Thana- HALSI District- Lakhisarai ====================================================== Ram Bilash Mahto @ Ajay Mahto, Son of Bundi Mahto, Resident of Village - Kurhadih, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Halsi P.S. Case No. 105 of 2017, registered under Sections 363, 365 and 364/34 of the Indian Penal Code. The accusation is that Mahendra Kumar Gupta, brother of the informant, Rabindra Kumar, had gone to Lakhisarai boarding on his motorcycle but he was traceless and his motorcycle was found in abandoned condition in village Kakroli.

Learned counsel for the petitioner submits that on the basis of Fradbeyan of informant, Rabindra Kumar, Hilsi P.S. Case No. 105 of 2017 was instituted against unknown but in

Patna High Court CR. MISC. No.67247 of 2019(2) dt.14-11-2019 2/2 course of investigation, one Gorelal was apprehended, who confessed his guilt having hand in kidnapping of brother of the informant with the help of Munna Kumar, Chandrashekhar Sao, petitioner and others. Later on, brother of the informant was returned to his house but he did not disclose the name of petitioner having hand in his kidnapping. Moreover, co-accused, Munna Kumar, whose name has come in the confession statement of co-accused, Gorelal, has already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 01.08.2019 passed in Criminal Misc. No.48052 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Lakhisarai, in connection with Halsi P.S. Case No. 105 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T