Natwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15824 of 2018 Arising Out of PS. Case No.-126 Year-2017 Thana- KHARIK District- Bhagalpur ====================================================== Natwar Mahto, Son of Late Jawahar Mahto @ Jawahari Mahto, Resident of Village- Raghopur (Bind Tola), P.S.- Parbatta, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Thakur For the Opposite Party/s :

Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kharik P.S. Case No. 126 of 2017 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is the brother of deceased, who in his written complaint has stated that on 23.06.2017 his brother deceased Mukesh Kumar had gone to attend his duty in the petrol pump as Nosal Man. About 2:00 PM in the night four criminals entered into the room, who had concealed their face and shot dead his brother and it has been recorded in the CCTV footage.

Patna High Court Cr.Misc. No.15824 of 2018(3) dt.13-04-2018 2/2 Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case on the basis of self confessional statement as well as confessional statement made by one of the co-accused, namely, Mukesh Mahto, except that confessional statement there is no incriminating material against the petitioner. It has been further submitted that co-accused Mukesh Mahto has already been granted regular bail in Criminal Misc. No. 57667 of 2017 dated 17.01.2018 and petitioner has no criminal antecedent and he is in custody since 17.02.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st, Naugachia, Bhagalpur, in connection with Kharik P.S. Case No. 126 of 2017.

(S. Kumar, J) veena/- U T