Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33550 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Lalan Mahto Son of Ram Badan Mahto Resident of Village - Nagdah, P.S.- Muffassil, Distt - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

As prayed, the petitioner is directed to make necessary amendment in paragraph-17 of the bail petition regarding occupation of the petitioner during the course of the day. The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 34, 324, 326 & 120-B of the Indian Penal Code and under Section 27 of the Arms Act. On way to his house by the informant, petitioner and one Chandan Mahto were noticed interacting on mobile pointing towards the informant and when the informant proceeded ahead near Sabji Mandi two motorcycle borne criminals, namely, Lago Mahto @ Nagina Mahto and Vivek Sah came there and Lago Mahto resorted firing by means of pistol thrice inflicting injury to him. Petitioner and other accused persons demanded

Patna High Court CR. MISC. No.33550 of 2019(2) dt.22-05-2019 2/2 extortion money of Rs.2 lakhs on purchase of land by the informant from one Ramjee Sah father of Vivek Sah. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to dirty village politics and animosity. As the occurrence is of 8 PM in the night it was not possible to resort firing by the coaccused on the pointing of the petitioner and some other accused from some quite distance. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He does not happen to be assailant. The petitioner has been languishing in custody since 24.02.2019.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No.105/2019.

Trivedi/- (Prakash Chandra Jaiswal, J) U T