Patna High CourtCR. MISC./6785/2016bail granted

Ganga Sagar Mahto v. The State Of Bihar

2016-05-18Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.6785 of 2016 (3) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6785 of 2016 Arising Out of PS.Case No. -83 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Ganga Sagar Mahto Son of late Dhauli Mahto Resident of VillageNurullahpur, P.s Khodabandpur, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 18.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 341, 323, 326A and 504/34 of the Indian Penal Code. Petitioner is in jail custody since 16.1.2015 on the accusation that he threw acid on the injured- Ramdeo Mahto and taking into account the aforesaid allegation earlier prayer for bail of the petitioner was rejected by this court vide order dated 28.9.2015 passed in Cr. Misc. no. 18389/2015.

Admittedly, when the aforesaid order dated 28.9.2015 in Cr. Misc. no. 18389/2015 was passed, charge against the petitioner could not be framed and that was the reason, this court rejected the prayer mentioning this fact that prayer of the petitioner was being rejected, at least, at this stage.

However, trial court has reported that charge has already

Patna High Court Cr.Misc. No.6785 of 2016 (3) dt.18-05-2016 framed against the petitioner on 8.1.2016 but up till now, not a single prosecution witness could be examined.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that alleged occurrence appears to have taken place on account of land dispute and the petitioner has remained in jail custody since long, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge VII, Begusarai in Sessions Trial no. 621/2015 arising out of Khodawandpur P.S. Case no. 83/2014.

shahid (Hemant Kumar Srivastava,J) U T