Niras Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2380 of 2016 Arising Out of PS.Case No. -396 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ====================================================== Niras Mahato, S/o Late Raghu Mahto, resident of Village-Bakhari P.S. Majorganj, District - Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Majorganj (Suppi) P.S. Case No. 396 of 2014 registered under Sections 341, 323, 354, 379 & 504 read with 34 of the Indian Penal Code.

It is contended that there is case and counter case. The petitioner happens to be the brother-in-law (dewar) of the informant. The case has been instituted due to land dispute and though the occurrence took place on 14th November, 2014, FIR was registered after seven days on 21st November, 2014 and

Patna High Court Cr.Misc. No.2380 of 2016 (2) dt.19-01-2016 2 / 2 there is no reasonable explanation for undue delay caused in instituting the FIR.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Majorganj (Suppi) P.S. Case No. 396 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T