Ghuran Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48287 of 2014 Arising Out of PS.Case No. -104 Year- 2013 Thana -CHAUTHAM District- KHAGARIA ====================================================== Ghuran Mahto S/o Bhagwat Mahto Resident of Village Thuthi, Police Station Choutham, District Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 307, 504 and 506/34 of the Indian Penal Code. According to the F.I.R., Kapileshwar Yadav shot fire at the informant which hit Pramod Mahto causing him injury. The reason for the occurrence is enmity between both the parties.

It is submitted on behalf of the petitioner that during investigation the victim Pramod Mahto has made statement before the police on 7.1.2014 that the petitioner caused fire shot injury to him. After treatment he was referred to Patna for further treatment. It is

Patna High Court Cr.Misc. No.48287 of 2014 (7) dt.03-08-2015 2 / 3 further submitted that the date of occurrence was 2.11.2013, whereas Pramod Mahto has made statement on 7.1.2014 without any explanation at the concerned police station. There is enmity between both the parties. However, after investigation, the named accused have been absolved from the allegation and chargesheet has been submitted against the petitioner, Sanjeev Mahto and Bhawat Mahto. Sanjeev Mahto and Bhawat Mahto have already been granted bail. The petitioner has been in custody since 19.6.2014 having no criminal antecedent.

Learned counsel for the State submits that charge against the accused has already been framed and the trial is likely to be concluded within nine months, as per report of the learned trial court dated 8.7.2014. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions Judge, Khagaria in S.

Patna High Court Cr.Misc. No.48287 of 2014 (7) dt.03-08-2015 3 / 3 T. No. 336 of 2014 arising out of Chautham P.S. Case No. 104 of 2013 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T