Badri Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.18739 of 2016 (2) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18739 of 2016 Arising Out of PS.Case No. -245 Year- 2015 Thana -BUDDHACOLONY District- PATNA ======================================================

1. Badri Mahto Son of Funu Mahto, Resident of Mohalla - Pahalwan Ghat, P.S. - Buddha Colony, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s Ms. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code as well as section 27 of the Arms Act.

Petitioner is named in the first information report but no specific overt-act has been attributed against the petitioner and it were other accused who opened fire.

Moreover, occurrence took place on account of land dispute and petitioner is in jail custody since 22.11.2015 without having any criminal antecedent.

Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Smt. Ritu Kumari, Judicial Magistrate, Ist Class, Patna in Budha Colony P.S. Case no. 245/2015. shahid (Hemant Kumar Srivastava,J) U T