PATNA, India, June 16 -- Patna High Court issued the following order on May 16:

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, in Jamui P.S. Case No.51 of 2019, registered under Sections 147, 148, 149, 302, 120(B) and 504 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the informant, mother of the deceased, alleged that she along with her son Manikant Kumar the deceased, her husband Vinod Singh and Uma Shankar Singh were sitting at her door. In the meantime, the petitioner along with 12 co-accused persons, namely, Subhash Mahto @ Birappan, Saudagar Mahto, Manish Mahto, Uday Rawat, Satish Mahto, the petitioner, Niraj Mahto, Jodhi Mahto, Dipu Mahto, Jairam Mahto, Dularchand Mahto, Chhedi Rawat and Maheshwar Mahto having armed with pistol and lathi came there. Jodhi Mahto ordered to kidnap and kill her son, Manikant. Afterwards, Dularchand Mahto and Subhash Mahto @ Birappan caught her son. The informant and her husband requested them but Uday Rawat and the petitioner, Praveen Mahto pushed her husband and on the order of Jodhi Mahto, the petitioner assaulted the informant with lathi. All the accused persons took her son and immediately thereafter Subhash Mahto fired at the chest of her son. Saudagar Mahto made second firing and thereafter Dularchand Mahto fired on the armpit of her son. Her son died on the spot. Co-accused Manish Mahto also shot at the son of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that there is general and omnibus allegation against the petitioner. The co-accused persons Subhash Mahto, Saudagar Mahto, Dularchand Mahto and Manish Mahto are alleged to have fired at the son of the informant. From the postmortem report, four firearm injuries are found on the body of the deceased. Jodhi Mahto is the order giver. Yodhi Mahto @ Jodhi Mahto and Jay Ram Mahto have already been granted regular bail by a Co-ordinate Bench of this Court by order dated 10.05.2019, passed in Cr. Misc. No.31355 of 2019. Similarly situated co-accused persons have been granted bail by Coordinate Benches of this Court. Niraj Mahto has also been granted bail vide order dated 29.08.2019, passed in Cr. Misc. No.52850 of 2019. Uday Rawat and Chhedi Rawat @ Cheedi Rawat have been granted bail vide order dated 23.05.2019 passed in Cr. Misc. No. 30862 of 2019. Satish Mahtoo @ Satish Mahaton has been granted bail vide order dated 16.11.2019 passed in Cr. Misc. No. 48803 of 2019. The petitioner is in custody since 10.10.2024 and he has one criminal antecedent. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is general and omnibus allegation against the petitioner and the assailants of the deceased, son of the informant, are co-accused persons who are alleged to have fired upon him and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui/court concerned in connection with Jamui P.S. Case No.51 of 2019, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

Disclaimer: Curated by HT Syndication.