Budhan Mahto And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.2015 of 2017 (5) dt.20-04-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2015 of 2017 Arising Out of PS.Case No. -26 Year- 2015 Thana -JANKINAGAR District- PURNIA ======================================================
1. Budhan Mahto S/o Late Uttim Mahto
2. Mana Lal Mahto@ Munna Lal Mahto S/o Budhan Mahto Both Resident of Village- Rampur Tilak, P.S.- Janki, Nagar, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners are in custody since 28.08.2016 in connection with Janki Nagar P.S. Case No. 26 of 2015 registered under Sections 302, 452, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to dirty village politics. In fact, the petitioner No.1, who happens to be the informant in this case, initially lodged the case for the occurrence but unfortunately after two months of the occurrence, wife of the deceased along with family members gave concocted statement against the informant and his family members and they have been made accused in this case. There is no eye witness to the alleged occurrence, who supports the
Patna High Court Cr.Misc. No.2015 of 2017 (5) dt.20-04-2017 version of the wife of the deceased. The petitioners are rotting in custody for the last seven months.
Considering the nature of accusation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Jankinagar P.S. Case No. 26 of 2015. (Arvind Srivastava, J) Brajesh/- U T