Ashok Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48515 of 2018 Arising Out of PS.Case No. -96 Year- 2018 Thana -BIHRA District- SAHARSA ====================================================== Ashok Kumar Mahto S/o Shivjee Mahto, R/o Patori Ward No. 2, P.S.- Bihra, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP For the informant : Mr. Manish Lal Das, Advocate. Mr. Kumar Kamal Nayan, Advocate.

Mr. Shailendra Kumar Jha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the State and counsel for the informant.

The petitioner seeks bail in Bihra P.S. Case No. 96 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 379, 307, 504 and 506 of the Indian Penal Code. Counsel for the petitioner submits that petitioner is in custody since 14.05.2018.

In the written report it is alleged that on the date of occurrence petitioner along with two other accused persons pulled the informant from car and, thereafter, it is alleged that total nine persons assaulted the informant with butt of pistol, iron rod etc. causing injury to him.

Patna High Court Cr.Misc. No.48515 of 2018 (2) dt.25-09-2018 2/2 The injury report has been enclosed as Annexure-2 which shows that total four injuries have been sustained by the informant.

Counsel for the informant has submitted that Doctor has found all the injuries to be grievous in nature. From the written report it does not appear that those four injuries have been specifically attributed to the petitioner. The allegation in the written report is that total nine persons as named in the written report and 4-5 unknown persons have assaulted the informant.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Bihra P.S. Case No. 96 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T