Dipu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41824 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- JAMUI District- Jamui ====================================================== 1.

DIPU MAHTO Son of Raushan Mahto Resident of Village- Kakan, Police Station- Jamui, and District- Jamui.

2.

Maheshwar Mahto @ Makeshwar Mahto Son of Late Ganauri Mahto Resident of Village- Kakan, Police Station- Jammui, and District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Jee For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 302, 120B, 504 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons, variously armed, came to the house of the informant and fired which caused death of her son.

It has been submitted on behalf of the petitioners that the petitioner no. 1 is in custody since 3.4.2019 and petitioner no. 2 is in custody since 25.3.2019. The petitioner no 2 has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.41824 of 2019(2) dt.11-07-2019 2/2 witnesses alleged against the petitioners. Subhash Singh Saudagar Mahto, Dular Chand Mahto and Manish Mahto are alleged to have fired upon the deceased. Pravin Mahto is alleged to have assaulted the husband of the informant with lathi. As far as petitioners are concerned, no injury is attributed against them. The petitioners are said to be the members of unlawful assembly.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 51 of 2019.

(Sudhir Singh, J) Pankaj/- U T