Heera Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21334 of 2016 Arising out of PS.Case No. -499 Year- 2015 Thana -TURKAULIYA District- EAST CHAMPARAN(MOTIHARI) ====================================================== Heera Lal Mahto, son of Ramashish Mahto, resident of Village- Sapahi Sagara Tola, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhishek Kumar, Advocate. For the Opposite Party : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 06.09.2015 in connection with Turkauliya P.S. Case No. 499 of 2015 for the offences instituted under Sections 302/34 of the IPC. The prosecution story, in brief, is that sometime ago while the informant's nephew was going to attend his class on bicycle in the meantime, a she-goat was dashed by the said bicycle and due to this dispute, on 25.06.2015 at about 11.30 P.M., all the accused persons including the petitioner came and started assaulting his mother Mostt. Pankali, and then after seeing him they fled away and during the course of going hospital she died

Patna High Court Cr.Misc. No.21334 of 2016 (3) dt.22-07-2016 2/2 near Chandmari Railway Gumti.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 06.09.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. General and omnibus allegation has been made against the petitioner. No specific allegation has been attracted against the petitioner.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, in connection with Turkauliya P.S. Case No. 499 of 2015.

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