Patna High CourtCR. MISC./28111/2019bail granted

Sita Ram Mahto v. The State Of Bihar

2019-08-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28111 of 2019 Arising Out of PS. Case No.-259 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== Sita Ram Mahto Son of Sukhlal Mahto, Resident of Village-Rampur Bhariyahi, P.S.-Kathaiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 324, 307, 302, 120/34 of the Indian Penal Code.

Allegation is that on 21.09.2018 accused Amarjeet assaulted informant's mother-in-law, namely, Sobha Devi by knife and her husband went to save, then the accused persons including the petitioner assaulted him and wife of co-accused Amarjeet Mahto assaulted by means of lathi and co-accused Amarjeet Mahto assaulted the informant's husband, namely, Nanak Mahto by means of knife, who sustained injury near Hidrosil and in course of treatment he died.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.28111 of 2019(4) dt.27-08-2019 2/2 the petitioner is in custody since 22.01.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. There is no allegation of assault alleged against the petitioner. Specific allegation is against co-accused, namely, Amarjeet Mahto, who gave knife blow to the deceased. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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. 2nd (West), Muzaffarpur in connection with Kathaiya P.S. case No.259 of 2018.

(Sudhir Singh, J) Narendra/- U T