IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39882 of 2009 UDIT MAHTON . Versus STATE OF BIHAR . with Cr.Misc. No.34986 of 2009 RAMDEO MAHTO . Versus STATE OF BIHAR . with Cr.Misc. No.35001 of 2009 DHARM MAHTO & ANR . Versus THE STATE OF BIHAR . ----------- 2 26.11.2009 Heard learned counsel appearing on behalf of the petitioners, learned counsel appearing on behalf of the informant and learned counsel appearing on behalf of the State. Petitioners, Udit Mahton, Ramdeo Mahto, Dharm Mahto and Bundeli Mahto @ Bundeli Prasad have been made accused in connection with Noorsarai P.S. Case No.21/09 for the offences punishable under Sections 302, 201, 120B, 364, 365 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that the husband of the informant used to supply milk in the house of accused Naresh Mahto who happens to be the father of petitioner Udit Mahto and Dharm Mahto. It is alleged that on the fateful day, the deceased had gone to the house of the said Naresh Mahto 2 and whereafter he did not return. On the following date his dead body was found from the field of one Shibu Mahto who is the father of Naresh Mahto and grand father of petitioners Udit Mahto and Dharm Mahto. It is alleged that when the informant went to the house of Naresh Mahto he found him along with present petitioners and that she suspected that the said accused persons had kidnapped her husband and killed him. Learned counsel appearing on behalf of the petitioners jointly submit that their involvement in the present case has been simply on the basis of suspicion. The reason being that at the time when the informant visited the house of Naresh Mahto these accused were also found to be sitting there. It is further stated that save and except the said statement nothing further is alleged against these petitioners. It is further stated that they have been implicated in the present case just for the said reason. Learned counsel for the informant and the State jointly submit that sufficient materials had come up during the course of investigation and that the dog squad had found blood stained 3 clothes from the house of Naresh Mahto. They further submitted that the very fact that the blood stained clothes were found from the house of Naresh Mahto and that dead body was found from the field of Shibu Mahto who happens to be father of Naresh Mahto and grand father of petitioners, Dharm Mahto and Udit Mahto, it was sufficient indications of these petitioners’ involvement in the alleged crime. The postmortem report shows that there was a single gun shot injury and one injury on the head. It is submitted on behalf of the petitioners that two similar situated accused persons namely, Binnu Prasad @ Bindu Prasad was granted bail in Cr.Misc. No. 27992 of 2009 dated 21.8.2009 and in Cr.Misc. No. 26413 of 2009 by the same order one Ram Awatar Mahto @ Ram Awatar Prasad was granted bail. Learned counsel for the informant on the other hand submits that the person from whose field the dead body was recovered namely Sibu Mahto @ Shibu moved this Court in Cr.Misc. No. 20366 of 2009 and his bail application was rejected vide order passed on 17.6.2009. He thus submits that the petitioners are not 4 entitled for privilege of bail. Having regard to the facts and circumstances of the case, let the petitioners, Udit Mahton, Ramdeo Mahto, Dharm Mahto and Bundeli Mahto @ Bundeli Prasad be enlarged on bail upon each of them furnishing individual bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 21/09 subject to the condition that the petitioners would be attending the court below on each and every date fixed and failure on their part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of their bail bond and for taking them into custody. Bibhash (Jyoti Saran, J. )