Ram Bahadur Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56627 of 2018 Arising Out of PS. Case No.-174 Year-2017 Thana- LAKHNAUR District- Madhubani ====================================================== Ram Bahadur Mahto S/o Late Raghu Nandan Mahto, R/o Vill.- Lakshmipur, Kaithiniya, P.S.- Lakhnour (R.S.O.P.), District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Lakhnour (R.S.O.P.) PS case no. 174 of 2017 registered for the offence punishable under Sections 341, 323, 324, 307, 354, 504, 506/34 of Indian Penal Code.

The case of the prosecution, according to the informant, is that the petitioner herein along with other accused persons had arrived at the house of the informant and thereafter, had assaulted the wife of the informant brutally resulting in grievous injury to the wife of the informant.

The learned counsel for the petitioner has submitted that the petitioner had earlier approached this Court for grant of regular bail, however while the petitioner had withdrawn the bail petition, the petitioner was granted liberty to renew his prayer for bail

Patna High Court Cr.Misc. No.56627 of 2018(3) dt.09-01-2019 2/2 after three months as is apparent from the order dated 17.05.2018. I have perused the materials available on record and I find that the injury suffered by the wife of the informant is grievous in nature but no life threatening and the petitioner has already been incarcerated in custody for about a year, inasmuch as he is in custody since 09.02.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate 1st, Jhanjharpur, Madhubani in connection with Lakhnour (R.S.O.P.) PS case no. 174 of 2017. It is further directed that the petitioner shall mark his attendance before the officer-in-charge of the concerned P.S. at 10 am on each Monday of the week and in event of two consecutive defaults, the present privilege of regular bail shall stand cancelled automatically and the petitioner shall be arrested and put in custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T