Parmeshwar Mahto And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.13475 of 2017 (2) dt.24-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13475 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Parmeshwar Mahto, son of Late of Brahmdeo Maho.

2. Ajay Singh, Late Manogi Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Chiksaura P.S. Case No. 118 of 2016, registered under Sections 147, 148, 149, 302 and 115 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that, on 16.11.2016, at 20.30 P.M., Faujdari Yadav, brother of informant, carrying soil to his house then 10 persons named in the F.I.R. including the petitioners armed with weapons came there and started firing at the brother of the informant, on which, his brother started to flee away. At that time, Kishore Mahto, shot fire at the chest of Faujdari Yadav, brother of informant. Thereafter, brother of informant was rushed

Patna High Court Cr.Misc. No.13475 of 2017 (2) dt.24-03-2017 to the hospital for treatment but he died in the way. Learned counsel for the petitioners submits that while petitioners are named in the F.I.R. with general allegation of making firing but no specific overt act has been attributed against them whereas the specific allegation against co-accused, Kishore Mahto to shot fire at the chest of Faujdari Yadav, brother of informant. It is further submitted that petitioners have no criminal antecedent and are in custody since 19.11.2016. Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Hilsa (Nalanda) in connection with Chiksaura P.S. Case No. 118 of 2016. Out of two sureties, one surety must be the close relative of the petitioners.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T