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Patna High CourtCR. MISC./75324/2019disposed

Kariman Mahto @ Kariban Mahto @ Kareeban Mahto v. The State Of Bihar

2020-03-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75324 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- KURSAILA District- Katihar ====================================================== 1.

Kariman Mahto @ Kariban Mahto @ Kareeban Mahto Son of Bindeshwari Mahto 2.

Bijay Mahto @ Vijay Mahto Son of Late Nepali Mahto Both Resident of Village - Gobarahi, P.S.- Kursela, Distt - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Yadav, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act in connection with Kursela P.S. Case No. 117 of 2018.

Petitioner Bijay Mahto @ Vijay Mahto is carrying direct allegation of causing injury with rifle at the chest of the deceased. Hence, he does not deserve bail. Accordingly, his prayer for bail is refused.

The trial Court is directed to expedite the trial. Petitioner Kariman Mahto is carrying no such

Patna High Court CR. MISC. No.75324 of 2019(3) dt.05-03-2020 2/2 allegation. Hence, let the petitioner, namely, Kariman Mahto @ Kariban Mahto @ Kareeban Mahto, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S.T. No.183 of 2019, arising out of Kursela P.S. Case No.117 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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

(Birendra Kumar, J) Mkr./- U T