Bhikhari Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49045 of 2015 Arising Out of PS.Case No. -17 Year- 2013 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Bhikhari Mahto Son of Kanti Mahto

2. Kanti Mahto S/o Late Lochan Mahto Both are residents of village - Mushari, P.S. - Mushari, District - Muzaffarpur.

3. Sahdeo Mahto @ Sukhdeo Mahto S/o Late Bilas Mahto Resident of Village - Kalwari Madhuban, P.S. - Kanti, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Thakur For the Opposite Party/s : Mr. Ram Naresh Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are accused in connection with S. Tr. No. 501 of 2013 arising out of Mushari P.S. Case No. 17 of 2013 registered under Sections 241, 323, 307, 302 and 34 of the I.P.C. Learned counsel appearing on behalf of the petitioners submits that earlier prayer of the petitioners for bail was rejected vide Cr. Misc. No. 31698 of 2013 on 10.02.2014 and thereafter, prayer of the petitioner Bhikhari Mahto was refused vide Cr. Misc. No. 47546 of 2014 on 18.02.2015 with observation to the trial Court to conclude the trial within a period of six months and if the trial is not concluded within the aforesaid

Patna High Court Cr.Misc. No.49045 of 2015 (2) dt.02-12-2015 2/2 period, the petitioner would be at liberty to renew his prayer for bail, but after lapse of more than six months, the trial has not yet been concluded. Up-till-now only five witnesses have been examined. It is also submitted that petitioners are in custody since 11.03.2013 and there is general allegation against the petitioners to cause injury through lathi, danda and rod.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Vth Muzaffarpur in connection with Sessions Trial No. 501 of 2013 arising out of Mushari P.S. Case No. 17 of 2013.

(Rajendra Kumar Mishra, J.) Shail/- U T