Jagdhari Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.35202 of 2017 (5) dt.06-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35202 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Jagdhari Mahto Son of Late Chandar Mahto, R/o Village- Radha Nagar, Mushahari, P.S.- Mushahari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Nath For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 The petitioner seeks regular bail in connection with Mushahari P.S. Case No. 26 of 2017, registered for offences punishable under Sections 341, 342, 323, 307, 494 and 34 of the Indian Penal Code.

Allegation against the petitioner is of instigating other accused persons to assault the informant and ordered others to burn the informant.

It has been submitted on behalf of the petitioner that out and out false and fabricated allegations have been levelled and at best he can be said to be a order giver. It has also been submitted that there is delay of fifteen days in lodging the F.I.R and there is no allegation against him of assaulting the informant. Further he has been in judicial custody since 31.05.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.35202 of 2017 (5) dt.06-11-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SubJudge - cum- ACJM, Muzaffarpur, in connection with Mushahari P.S. Case No. 26 of 2017, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T