Bablu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46246 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -JALALGARH District- PURNIA ====================================================== Bablu Mahto son of Raj Kishore Mahato .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody in connection with Jalalgarh P.S. Case No. 139 of 2015 for the offences punishable under Sections 147/148/149/323/307/302/504 of the Indian Penal Code.
According to F.I.R., 22 named accused persons including the petitioner indiscriminately assaulted the informant and his brother with lathi etc. as a result whereof brother of the informant, namely, Chandeshwar Mandal, died at the spot. The post mortem report reveals that the doctor has found a fracture on the scapular bone and specula haemorrhage.
Submission of the petitioner is that allegation is not specific against the petitioner. The post mortem report is not
Patna High Court Cr.Misc. No.46246 of 2016 (3) dt.08-12-2016 2/2 consistent with the prosecution. Allegation of assault is on several persons and co-accused Nitesh Mandal @ Nitem Mandal and four others have already been allowed bail by a co-ordinate Bench of this Court in Cr. Misc. No.42410 of 2016 on 05.10.2016. Considering the aforesaid facts, let petitioner, above named, 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 learned Chief Judicial Magistrate, Purnea/Successor Court, in connection with Jalalgarh P.S. Case No.139 of 2015.
(Birendra Kumar, J) Mkr./- U T