Allowed

Satya Narayan Mahato v. The State Of Bihar

Patna HC3 Oct 2013CR. MISC./18667/2013

Case brief

AI extract

What is this about?

Oral order in an application for bail filed by Satya Narayan Mahato in a murder offense under Sections 302/34 of the Penal Code, noting absence of eye-witness and petitioner's lack of antecedents, and granting release on bail with conditions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties, subject to personal appearance in trial and conditions regarding bailor's relationship.

Satya Narayan Mahato Vs The State Of Bihar — Anticipatory Bail | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18667 of 2013

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====================================================== Satya Narayan Mahato S/O Ram Bali Mahato Resident Of VillageManjwa, P.S.- Sadar, District- Purnia .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 03-10-2013 Heard Mr. Ajit Kumar Singh for the petitioner and Mr. Jawahar Chaubey learned APP for the State. Sole petitioner seeks bail in a case instituted under Sections 302/34 of the Penal Code. As per allegation the brother of the informant left the house in the night of 9.9.12 and did not return. The next day on hearing the rumour the informant went to the nearby Patuwa field to find the dead body of his brother. Six persons have been named in the FIR including the petitioner on suspicion alleging that one year before the accused persons named therein had threatened the family with dire consequences.

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Learned counsel for the petitioner submits that from bare perusal of the impugned order as well as investigation report, it would appear that there is no eye witness to the occurrence. Merely on suspicion the petitioner has been named therein. Petitioner is languishing in jail custody since 17.11.12. Referring

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Patna High Court Cr.Misc. No.18667 of 2013 (3) dt.03-10-2013

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to para 15 of the application, it has been stated that there is no criminal antecedent of the petitioner.

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In the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Sadar ( Muffasil) P.S. Case No. 366 of 2012 subject to the following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner. (ii) Once the trial is taken up for hearing the petitioner shall appear in person thereat on all dates. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

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(Kishore Kumar Mandal, J)

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Shyam/-

Satya Narayan Mahato v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Satya Narayan Mahato v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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