Moti Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39653 of 2017 Arising Out of PS.Case No. -174 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== Moti Mahto S/o Inder @ Indradev Mahto, R/o Village-Sangthu, P.O. Sangathu, P.S. Jamui, District-Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajneesh For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Jamui (Adarsh) P.S. Case no. 174 of 2017 registered under Sections 147, 148, 149, 341, 323, 325, 332, 337, 338, 353, 504, 506, 427, 307 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner along with 296 accused persons said to have pelted stones and resorted firing upon the police party when they were going to the village in the rescue of the person confined by the petitioner and others, thereby causing head injury to the S.D.P.O. Jamui and also injury to other police personnel. They also created hurdle in the discharge of the official duty by the police personnel.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.39653 of 2017 (2) dt.19-08-2017 2/2 that the allegation levelled against the petitioner is not specific rather omnibus. He has no criminal antecedent. He has been languishing in custody since 05.06.2017. Similarly situated co-accused persons namely, Tinku Mahto, Manjit Kumar and Raj Kumar have been granted bail by a co-ordinate Bench of this Court vide order dated 08.08.2017 passed in Cr. Misc. no. 35602 of 2017. The case of this petitioner stands on similar footing. Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui P.S. Case no. 174 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T