Patna High CourtCR. MISC./45251/2014bail granted

Birendra Mahato And ANR v. The State Of Bihar

2015-03-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45251 of 2014 Arising Out of PS.Case No. -97 Year- 2013 Thana -BELSAND District- SITAMARHI ======================================================

1. Birendra Mahato Son of Narayan Mahato

2. Ramu Mahato Son of Radhey Shyam Mahato Both resident of Village - Jafarpur, P.S. - Belsand, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Jha, Advocate. For the Opposite Party/s : Mr. R.B.S.Pahepuri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2015 Heard both sides.

The petitioners seek bail in Belsand P.S. Case No. 97 of 2013, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The petitioner Birendra Mahto is alleged to have pressed the chest of the nephew of the informant blood started oozing from the mouth. Thereafter, Radheshyam Mahto and Lodhi Devi assaulted the nephew of the informant with Lathi. Radheshyam Mahto is alleged to have assaulted the informant with Pharsa on his head.

Learned counsel for the petitioners submits that there is counter version being Belsand P.S. Case No. 98 of 2013. Amarnath Soni the nephew of the informant got three injuries.

Patna High Court Cr.Misc. No.45251 of 2014 (3) dt.19-03-2015 2/2 One is diffuse swelling on face and there was deformity over left face. Other two injuries are abrasion and pain. It is further submitted that the injuries are simple in nature as it has come in the supplementary case diary. The petitioner is in jail for about seven months.

Considering the facts aforesaid and the fact that on account of assault made by the petitioner simple injuries were caused to the nephew of the informant, the petitioners above named are directed to be enlarged 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 Chief Judicial Magistrate, Sitamarhi in connection with Belsand P.S. Case No. 97 of 2013.

(Prabhat Kumar Jha, J.) KKSINHA/- U T