Patna High CourtCR. MISC./55297/2015bail granted

Raj Kumar Mahaldar @ Ram Kumar Mahaldar v. The State Of Bihar

2015-12-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55297 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -KORHA District- KATIHAR ====================================================== Raj Kumar Mahaldar @ Ram Kumar Mahaldar S/o- Late Ramlal Mahaldar, R/o- Madhura, P.S.- Korha, Distt.- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-12-2015 Heard Sri Sanjeev Kumar Singh, learned counsel for the petitioner and Sri Dinesh Singh, learned Addl. Public Prosecutor.

The petitioner, who is in custody since 16.05.2015 in connection with Korha P.S. Case no.79/15 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code and consequently Section 302 of the Indian Penal Code was also added, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that on perusal of the F.I.R. itself, it is admitted case of land dispute in between the parties and allegation is general and omnibus. He further submits that almost in similar situation, other two accused, namely, 1. Sunder Mahaldar @ Sundar Mahaldar and

Patna High Court Cr.Misc. No.55297 of 2015 (2) dt.17-12-2015 2/2

2. Dharmendra Mahaldar have been granted bail on 16.10.2015 vide Cr.Misc.No.47169 of 2015.

Learned Addl. Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Keeping in view the fact that there was land dispute and general and omnibus allegation as well as the fact that other two accused persons have been granted bail, there is no reason to deny the prayer for bail of the petitioner. Let the petitioner, namely, Rajkumar Mahaldar @ Ram Kumar Mahaldar be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case no.79/15.

(Rakesh Kumar, J) NKS/- U