Patna High CourtCR. MISC./33065/2014bail granted

Mathura Prasad Mahto @ Mathur Prasad Mahto And ORS. v. The State Of Bihar

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33065 of 2014 Arising Out of PS.Case No. -70 Year- 2013 Thana -WAINA District- NALANDA (BIHARSHARIFF) ======================================================

1. Mathura Prasad Mahto @ Mathur Prasad Mahto, Son of Late Parmeshwar Mahto

2. Guddu Chauhan @ Guddu Kumar son of Pyare Chauhan

3. Shailesh Kumar @ Chauma, Son of Mathura Prasad Mahto @ Mathur Prasad Mahto, All resident of Village- Sikri Par, P.S. Ben, DistrictNalanda. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Dineshwar Prasad Singh, Adv. For the Opposite Party : Mr. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioners figured as accused in Ben P.S. Case No.70/2013, on the file of Chief Judicial Magistrate, Nalanda at Bihar Sharif, for the offence under Sections341, 447, 323, 379, 308 and 504/34 of I.P.C. Apprehending arrest, the petitioners filed A.B.P. No.1458 of 2013 in the court of learned Sessions Judge, Nalanda at Biharsharif. The learned Judge dismissed the same through its order dated 20.2.2014. Hence, this application for regular bail under Section-438 of Cr.P.C.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court Cr.Misc. No.33065 of 2014 (2) dt.04-02-2015 2/2 This Court specifically finds that the complaint was submitted two days after the alleged incident and no serious injury, whatever, was mentioned. The incident appears to be the one referable to 'petty quarrels' in the village. Hence, this Court is convinced that the petitioners deserve anticipatory bail. In the event of arrest, the petitioners are directed to be released on bail upon furnishing the bailbonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Ben P.S. Case No.70 of 2013, subject to the conditions laid down under Section-438(2) of Cr.P.C. (L. Narasimha Reddy,CJ) K.C.jha/- U