Bhola Mahto @ Ramesh Rai @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15725 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Bhola Mahto @ Ramesh Raj @ Ramesh Kumar, S/o Rajendra Mahto Resident of Village- Mitha Kunwan, Nakhas Chowk, P.S.- Hajipur Town, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner seeks regular bail in connection with Hajipur P.S. Case No.662 of 2018 for the offences punishable under Sections 147, 148, 149, 295(A)/153(a)/302 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the accused person having entered the Muharrram procession and thereafter they had assaulted the members of the prosecution party and firing is alleged to have been made by the co-accused persons, namely, Mukesh Paswan and Raju Mahto. It is alleged that one person, namely, Md. Shahnawaj Kuraishi had died and injury was received by another person, namely, Aarif Khan.

Patna High Court CR. MISC. No.15725 of 2019(2) dt.27-03-2019 2/2 The learned counsel for the petitioner submits that general and omnibus allegations have been levelled against the petitioner herein and in fact there is no allegation of any specific overtact as far as the petitioner is concerned. It is further submitted that there is no allegation of gunshot firing as against the petitioner herein, hence the death of the deceased is not attributable to the petitioner herein. Lastly, it is submitted that the petitioner is an accused in one other case, however, the same arises out of the same incident out of which the present FIR has been lodged. The petitioner is stated to be languishing in custody since 31.10.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur P.S. Case No.662 of 2018. (Mohit Kumar Shah, J) sanjeev/- U T