Paltan Mahto @ Patal Mahto @ Paltal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86954 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- AMNAUR District- Saran ====================================================== PALTAN MAHTO @ PATAL MAHTO @ PALTAL MAHTO, Son of Malik Mahto, Resident of Village - Parmanand Chapra, P.S.- Amnour, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

Informant who is brother of deceased has stated that his brother Chhote Lal Rai has been abducted and killed by FIR named accused persons and concealed his dead body. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. No

Patna High Court CR. MISC. No.86954 of 2019(4) dt.02-06-2020 2/3 incriminating material has been recovered from the possession of the petitioner. Petitioner is not named in the FIR. The name of the petitioner has surfaced on the basis of confessional statement of co-accused Shailendra Rai. Similarly placed coaccused has been granted bail by co-ordinate bench of this court vide order dated 11.12.2019 passed in Cr. Mic. No. 56419 of 2019. Petitioner is in custody since 30.06.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (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 Amnour P.S. Case No. 185 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without

Patna High Court CR. MISC. No.86954 of 2019(4) dt.02-06-2020 3/3 proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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