Nand Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20788 of 2017 Arising Out of PS.Case No. -572 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Nand Lal Mahto S/o Ram Lakhan Mahto Resident of VillageDamodarpur, P.S. Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Pd.Singh, Sr. Adv. For the Informant :

Mr. Pankaj Kuamr Sinha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with 572 of 2016 registered for offences punishable under Sections 307, 379, 354, 323, 504, 147, 148 & 149 of the Indian Penal Code. There is allegation against the petitioner and other coaccused persons that they assaulted the informant and one another persons and so far allegation of assault on the deceased is concerned, that is on the other co-accused person. It is submitted on behalf of the petitioner that though there is allegation against the petitioner of assault on the informant and one Sintu Kumar along with other accused persons but the injuries are simple in nature and the petitioner is in custody for about six months.

Patna High Court Cr.Misc. No.20788 of 2017 (2) dt.09-05-2017 2/2 Heard learned A.P.P. also and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and in view of the injuries being simple in nature and he has remained in custody for about four months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1st, Lakhisarai in connection with Sessions Trial No.68 of 2017 arising out of Lakhisarai P.S.Case No.572 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U