Sushil Mahto @ Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76306 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== SUSHIL MAHTO @ SUSHIL KUMAR Son of Biranjan Mahto Resident of Village and P.S.- Sonbarsa, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to the FIR, two persons including the petitioner indiscriminately fired at the deceased. Learned Senior Counsel for the petitioner submits that the Doctor has found single firearm injury which was communicating each other as wound of entry and wound of exit. Therefore, the informant does not appear to be an eyewitness of the occurrence or he has falsely implicated making exaggerated statement of indiscriminate firing at the deceased. Petitioner is in custody since 23.06.2019.

Patna High Court CR. MISC. No.76306 of 2019(3) dt.05-03-2020 2/2 Investigation of the case is already complete against the petitioner.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonbarsa Police Station Case No. 134 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T