Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74191 of 2018 Arising Out of PS. Case No.-73 Year-2016 Thana- KATRA District- Muzaffarpur ====================================================== Lalan Mahto son of Late Ram Prasad Mahto, resident of Village- Dargah, Police Station- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pradhsu Murli Manohar Prasad Mr. Rajev Kumar Goswami, Advocates For the Opposite Party/s :

Mr. Sri Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in katra P.S. Case No.73 of 2016, S.Tr. No.3 of 2017 registered for the offence punishable under Sections 447, 307, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant has alleged that while he was sleeping with his grandson Uday Kumar, F.I.R. named accused including the petitioner came and Mukesh Singh and Sonal Kumar were having pistol in their hand. Mukesh Singh fired upon him but it hit his grandson Uday Kumar. Thereafter, at the instigation of the petitioner, Sonal Kumar fired second shot but it did not hit the informant. However, his grandson was carried to hospital where he died in course of treatment.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.74191 of 2018(2) dt.17-12-2018 2/2 admittedly there is land dispute between the parties and there is no allegation of firing against the petitioner. Petitioner has no criminal antecedent and he is in custody since 29.11.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. 13th, Muzaffarpur in connection with katra P.S. Case No.73 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T