Rakesh Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23498 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- KESARIA District- East Champaran ====================================================== 1.

Rakesh Mahato Son of Badri Mahato @ Santu Mahato Resident of Village - Sagar Churaman, P.S.- Kesariya, Distt - East Champaran. 2.

Om Prakash Mahato @ Jai Prakash Mahato Son of Badri Mahato @ Santu Mahato Resident of Village - Sagar Churaman, P.S.- Kesariya, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Mishra For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504, 506 of the Indian Penal Code.

Allegation is that the accused persons assaulted the informant by means of garasa on his head, due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 29.01.2019 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.23498 of 2019(3) dt.07-05-2019 2/2 against the petitioners. The nature of injury is said to be simple. Hence, no offence under Section 307 of I.P.C. is made out. Rest of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Motihari, East Champaran in connection with Kesariya P.S. case No.308 of 2018.

(Sudhir Singh, J) Narendra/- U T