Patna High CourtCR. MISC./22457/2018bail granted

Rajan Mahto v. The State Of Bihar

2018-05-22Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22457 of 2018 Arising Out of PS.Case No. -308 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Rajan Mahto S/o Sri Prasad Mahto resident of village Rampur, Ward No. 04, P.S. - Murliganj, District - Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 341, 323, 302, 504, 506/34 of the Indian Penal Code.

It is submitted by the petitioner's counsel that the investigation has revealed general and omnibus allegation of assault attributed to all the accused persons. Even the allegations made in the F.I.R regarding two iron rod blows upon the head of the deceased Ramesh Kumar is belied by the evidence in as much as only one injury has been found on the head of the deceased Ramesh Kumar. Admittedly there is a land dispute and there is case and counter case also. The petitioner has no criminal antecedent and he is in custody since 19.11.2016. In the facts and circumstances of the case, prayer for bail of

Patna High Court Cr.Misc. No.22457 of 2018 (3) dt.22-05-2018 2/2 the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, 1st, Madhepura in Murliganj P.S. Case No. 308 of 2016 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U