Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9224 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -AMNAUR District- SARAN ====================================================== Binod Mahto, S/o Havaldar Mahto, Resident of Village - Khaspatti, P.O. Baldihan, P.S. Amnour, Distt. - Chapra.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Shekhar Singh For the Opposite Party : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Amnour P.S. Case No. 128 of 2015, registered under Sections 406, 324, 307 & 379/34 of the Indian Penal Code.

The accusation is that petitioner along with his brother Manoj Mahto and father Hawaldar Mahto entered at the roof of the informant Kausalya Devi and trying to lift her box then informant raised alarm at that time, co-accused Hawaldar Mahto caught hold the informant and this petitioner gave Fasuli blow at her stomach and they also snatched her ear ring and took Rs. 2500/-. Further case of the prosecution is that the informant was rushed to government hospital, where she was treated and thereafter, she was referred to Sadar Hospital, Chapra from

Patna High Court Cr.Misc. No.9224 of 2016 (2) dt.01-04-2016 2/2 where she was again referred to P.M.C.H. Patna. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner and informant are co-villager and due to grudge and enmity, petitioner along with his family members have been implicated in this case. Further submission is that occurrence is of 30.09.2015 at about 11.00 P.M., but the injury report was prepared by Dr. A.K.Rai of Awantika Memorial Hospital, Patna on 30.09.2015 at 05.00 A.M. earlier to the time of the occurrence. Further submission is that petitioner having no criminal antecedent is in custody since 04.12.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 Sri Amrendra Prasad, Judicial Magistrate 1st Class, Saran in connection with Amnour P.S. Case No. 128 of 2015. (Rajendra Kumar Mishra, J.) manish/- U T