IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9461 of 2009 SANJAY MAHTO Versus STATE OF BIHAR With Cr.Misc. No.9330 of 2009 NIWASH MAHTO Versus STATE OF BIHAR With Cr.Misc. No.20609 of 2009 RAMBALAK YADAV Versus STATE OF BIHAR ----------- 3. 24.07.2009 Heard counsel for the parties. All the three matters relate to the same occurrence giving rise to Ariari (Kasar) P.S.Case no.36/06 instituted under section 302 and other allied sections of the IPC including section 27 of the Arms Act. It appears that the residents of village Manipur were destined to witness a huge slaughter of human lives by a gang of miscreants on the fateful night of 20.5.2006. The informant of the case lost lives of his wife, son(aged about ten years) and his (Bhagina) nephew. In the holocaust, the son of the neighbour, namely, Saurav Kumar was also found to have been gunned down. Subsequently, it appears that few more persons succumbed to the injuries sustained at the hands of the gang of criminals who were adamant to kill anyone who came in their way. It appears that as many - 2 - as seven persons of the aforesaid village were eliminated in the carnage. The FIR is against unknown. The police investigated the matter and in fact according to the learned counsel for the petitioner, investigation is still continuing. In course of investigation, it has transpired that the gang of accused Ashok Mahto had perpetrated this carnage in the said village. Learned counsel for the petitioners submits that their names have surfaced at a later stage of investigation. It is submitted at the Bar that the materials so far collected against them are the confessional statements of Pintu Mahto, Mohan Mahto and Ashok Mahto. Counsels submit that co-accuseds Dharmendra Yadav Dani Mohan and pintu Mahto have since been granted bail by this Court. The order granting bail to Pintu Mahto is placed at Annexure-5 whereas the order granted bail to Dharmendra Yadav is annexed at Annexure-3. Mr. Sharma, learned Sr. counsel handed in the certified copy of the order dated 7.12.2007, passed in Cr.Misc. No.42048 of 2007 by which co-accused Mohan Mahto has been granted bail by this Court. The said order is placed on record which is marked as ‘X’. He has also produced certified copies of orders dated 23.1.2008 and 27.82008, whereby some other accused persons have also - 3 - been granted the privilege of bail. Learned APP, while opposing the prayer for bail, submits that names of these petitioners have appeared in the confessional statements of the co-accused apart from the statements of some of the witnesses who have claimed to have seen the accused persons fleeing from the place of occurrence. He, however, does not deny that the accused persons, with identical allegation, have been granted bail by this Court. In the facts and circumstances of the case, let the petitioners abovenamed in all the three cases, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Addl.Chief Judicial Magistrate, Sheikhpura in connection with Ariari (Kasar) P.S.Case No. 36/2006 subject to the conditions that one of the bailors of each of the petitioner shall be own/close family members and the petitioners shall appear in person before the trial court on each date fixed in the trial. In case of default, without there being any compelling reasons, the trial court shall cancel their bail bonds and ensure arrest in accordance with law. hr ( Kishore K. Mandal )