Dashrath Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37861 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -JAMUI District- JAMUI ======================================================
1. Dashrath Mahton Son of Sahdeo Mahton Resident of Village - Kakan, P.S. + District - Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 394, 307, 341, 323, 325, 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substances Act. The prosecution case is that co-accused Jodhi Mahto first assaulted with lathi on the head of Niraj Singh and thereafter Kamlesh Mahto, Subhash Mahto, Subhash Kumar threw explosives on Niraj Singh who died on the spot. It is alleged that thereafter petitioner and co-accused Suresh Mahto, Saudagar Mahto and Sunil Mahto made indiscriminate firing. It is further alleged that accused persons took out Rs. 2,00,000/- from the dickey of the motorcycle. It is submitted by learned counsel for the petitioner that fatal injury was caused by Kamlesh Mahto,
Patna High Court Cr.Misc. No.37861 of 2015 (2) dt.22-09-2015 2/2 Subhash Mahto and Subhash Kumar and accusation of firing is after death of Niraj Singh.
Considering the nature of accusation, let learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Jamui P.S. Case No. 73 of 2014, pending in the Court of learned Chief Judicial Magistrate, Jamui.
With the observations above, the application stands disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T