Raghunath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21911 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== RAGHUNATH MAHTO Son of Shri Suresh Mahto Resident of Village - Gangora, Ward No.1, P.S.- Bihariganj, Distt.- Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bihariganj P.S. Case No. 57 of 2020, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 354(A), 504 and 506 of the Indian Penal Code.

As per prosecution case, on 01.03.2020 at 3.30 pm, all the accused persons including this petitioner variously armed, surrounded the house of Sankar Mahto (nephew of informant) and assaulted him and family members of the informant. This petitioner is alleged to have assaulted Sankar Mahto by means

Patna High Court CR. MISC. No.21911 of 2020(2) dt.09-07-2020 2/3 of Bhala on his head. It is further alleged that all the accused persons set on fire the house of Sankar Mahto. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Admittedly, there is land dispute between the parties and there is case and counter. Both sides sustained injuries. There is general and omnibus allegation against this petitioner. Charge sheet has already been submitted. Petitioner is in custody since 03.03.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, 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 Ist Class, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 57 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.21911 of 2020(2) dt.09-07-2020 3/3 (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T