Patna High CourtCR. MISC./29272/2021bail granted

Deo Narayan Mahto v. The State Of Bihar

2021-12-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29272 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- MADHEPUR District- Madhubani ====================================================== 1.

DEO NARAYAN MAHTO S/O LATE UCHIT MAHTO R/o villageKhajura, P.S.- Madhepur, District- Madhubani 2.

Shyam Deo Mahto S/o Late Kantlal Mahto @ Kanchan Mahto R/o villageKhajura, P.S.- Madhepur, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Satyanand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 120B of the Indian Penal Code.

As per the prosecution case, six named accused persons including the two petitioners herein are stated to have assaulted the son of the informant leading to his death. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The allegations are general and omnibus in nature. There is case and counter case between the parties, the case lodged by the wife of petitioner no.2 having been lodged earlier,

Patna High Court CR. MISC. No.29272 of 2021(3) dt.07-12-2021 2/2 F.I.R. which has been brought on record as Annexure-2 to the petition. The petitioners are in custody since 21.1.2021 and have no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for over 10 months, the Court directs both the petitioners to be enlarged on bail in connection with Madhepur P.S. Case no. 152 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Jhanjharpur, District Madhubani.

(Partha Sarthy, J) Bibhash/- U