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Patna High CourtCR. MISC./12725/2019bail granted

Shiv Kumar Mahto v. The State Of Bihar

2019-06-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12725 of 2019 Arising Out of PS. Case No.-295 Year-2018 Thana- BANIAPUR District- Saran ====================================================== Shiv Kumar Mahto, Son of Late Ganeshi Mahto, Resident of Village- Berui, P.S.- Baniyapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341,323,302,504,506/34 of the Indian Penal Code.

Allegation against the petitioner and two others is that they entered into the house of the informant and assaulted the wife of the informant with iron rod. Land dispute is the reason behind the occurrence.

The niece of the informant has reported the occurrence. She has stated before the police that the petitioner and others assaulted the deceased as a result of which she died. Three injuries were found by the doctor on different parts of the head. Petitioner is in custody since

Patna High Court CR. MISC. No.12725 of 2019(5) dt.19-06-2019 2/2 01.10.2018. Co-accused Jayatra Devi has already been granted bail by the co-ordinate Bench of this Court vide order dated 15.01.2019 passed in Cr. Misc. No. 78600 of 2018. Petitioner is ready to cooperate with the trial.

Considering the entire facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baniyapur P.S. Case No. 295 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) khushbu/- U T