Bikau Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58873 of 2018 Arising Out of PS.Case No. -245 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Bikau Mahto, S/o Sri Bhagwati Mahto,
2. Ashok Mahto S/o Sri Paltan Mahto, Both residents of Vill.- Mangalpur Gudariya, P.S.- Nautan, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.
Petitioners seek bail in Nautan P.S. Case No. 245/2016, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 379, 448, 504 and 506 of the Indian Penal Code.
Allegation against Bikau Mahto (petitioner no. 1) is that he inflicted Farsa blow on the head of Ramawati Devi and Ashok Mahto (petitioner no. 2) assaulted Ramawati Devi by means of lathi on her hand causing fracture.
Learned counsel for the petitioners submitted that from injury report it appears that all the injuries caused by hard and
Patna High Court Cr.Misc. No.58873 of 2018 (2) dt.09-10-2018 2/3 blunt object not by sharp edged weapon. There is land dispute between the parties.
Petitioners have no criminal antecedent. They are in custody since 24.07.2018.
Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, West Champaran at Bettiah in connection with Nautan P.S. Case No. 245/2016, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
Patna High Court Cr.Misc. No.58873 of 2018 (2) dt.09-10-2018 3/3 cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U T