High Court Patna High Court - Orders

Kapildeo Mahto & Anr vs State Of Bihar on 16 November, 2011

Patna High Court – Orders
Kapildeo Mahto & Anr vs State Of Bihar on 16 November, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Appeal (SJ) No.391 of 2008
                                    Kapildeo Mahto & Anr
                                              Versus
                                        State Of Bihar
                                 ----------------------------------

6. 16.11.2011 I.A.No. 2210 of 2011

The present application has been filed on behalf

of appellant Kapildeo Mahto to renew his prayer for bail

which was earlier rejected twice, lastly on 29.4.2009.

The submission is that the judgment records

identification by P.W.1 but the Magistrate holding the T.I.

Parade was not produced for his evidence and even the T.I.

chart was not tendered as evidence. The recovery was of a

mere Lota which could be found in a household and one of the

witnesses has stated that the witnesses were well known to the

appellant and they had social relationship.

Considering the submission and the fact that the

present appellant is in custody since 29.3.2008, let him,

namely, Kapildeo Mahto be directed to be released, during

pendency of this appeal, on furnishing a bond of Rs. 10,000/-

(ten thousand) with two sureties of the like amount each to the

satisfaction of the trial court, i.e., additional Sessions Judge,

Fast Track Court III, Jehanabad, in Sessions Trial No. 304 of

1992/ 155 of 2004.

        Kanth                                          ( Dharnidhar Jha, J.)