Bindeshwari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39694 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -DHARHARA District- MUNGER ======================================================

1. Bindeshwari Mahto Son of late Ramjee Mahto Resident of Village - Shivkund, P.S. Dharhara, District Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-11-2016 Heard both sides.

The petitioner seeks bail in Dharhara P.S. case No. 03 of 2016 under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. The informant alleged that while employee of electricity department was fixing pole in the field of petitioner, the petitioner objected. On such, the informant requested the petitioner to allow the employee to fix pole so that electricity may come in the village but the petitioner fired from his pistol causing injury on the thigh of informant.

The learned counsel for the petitioner submits that there is counter version. The injury found on the thigh of informant is simple in nature. The petitioner is in jail since

Patna High Court Cr.Misc. No.39694 of 2016 (4) dt.29-11-2016 2/2 06.04.2016. The petitioner has already remained in jail for more than six months.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class, Munger in Dharhara P.S. Case No. 03 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T