Patna High CourtCR. MISC./16462/2019bail granted

Om Prakash Mahto v. The State Of Bihar

2019-03-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16462 of 2019 Arising Out of PS. Case No.-572 Year-2016 Thana- Lakhisarai District- Lakhisarai * ====================================================== 1.

Om Prakash Mahto, Son of Late Jagdish Mahto Resident of Village - Damodarpur, P.S. - Lakhisarai, District - Lakhisarai 2.

Chandan Mahto @ Chandan Kumar Son of Om Prakash Mahto Resident of Village - Damodarpur, P.S. - Lakhisarai, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Lakhisarai P. S. Case No. 572 of 2016 which was initially instituted for the offence under Section 307 and other allied Sections of the Indian Penal Code but with the death of one Geno Mahton @ Gendhari Mahton, uncle of the informant, Section 302 was added. In the protracted investigation which ensued, the petitioners were not sent up for trial as no material could be collected against them. Later, differing with the police report,

Patna High Court CR. MISC. No.16462 of 2019(2) dt.15-03-2019 2/2 cognizance has been taken against the petitioners as well. From perusal of the F.I.R. also, it appears that petitioners have not been attributed with any specific act of assault either on the deceased or on anybody else.

Considering the afore-stated facts as also the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P. S. Case No. 572 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U