Patna High CourtCR. MISC./18819/2016bail granted

Dani Lal Mahto And ANR v. The State Of Bihar

2016-08-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18819 of 2016 Arising out of PS.Case No. -139 Year- 2014 Thana -ARER District- MADHUBANI ======================================================

1. Dani Lal Mahto, S/o Late Kari Mahto.

2. Raju Mahto, S/o Dani Lal Mahto, Both residents of village - Jamuari, P.S. - Arer, District - Madhubani.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Arbind Kumar Singh, Advocate. For the Opposite Party : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Heard learned counsels for the petitioners, informant and learned counsel for the State.

The petitioners are languishing in custody since 18.12.2015 in connection with Arer P.S. Case No. 139 of 2014 for the offences instituted under Sections 147, 148, 149, 323 and 302 of the IPC.

The prosecution story, in brief, is that Hari Mahto, the father of the informant, had gone to take tea at Arer Chowk and then nine F.I.R. named accused persons including the petitioners, due to previous enmity, surrounded him and assaulted brutally, resulting, during treatment the father of the informant died. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.18819 of 2016 (6) dt.24-08-2016 2/2 petitioners are in custody since 18.12.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific injury has been attributed against the petitioners. The other co-accused has been granted bail by another co-ordinate Bench of this Court vide Annexure-4 to the present application. On behalf of the learned counsels for the informant and the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Benipatti, Madhubani, in connection with Arer P.S. Case No. 139 of 2014.

U.K./- (Sudhir Singh, J) U T