Daroga Mahto @ Daroga Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47992 of 2022 Arising Out of PS. Case No.-295 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== DAROGA MAHTO @ DAROGA BIN, Male, aged about 58 years, S/o Late Harihar Mahto Resident of Village- Puraina, Bangra, P.S.- Revelganj, DisttSaran. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Revelganj P.S. Case No. 295/2019 registered for the offence under Sections 341, 323, 307/34 of the I.P.C. Later on, Section 302 of the I.P.C. was also added.

The prosecution case, in brief, is that on 03.06.2019, the father and brother of the informant went to attend Barat of their villager in which orchestra programme is going on. In the meantime, five accused and 50 villagers with lathi-danda, rod

Patna High Court CR. MISC. No.47992 of 2022(2) dt.21-12-2022 2/3 from the side of bride came and started abusing to Barati and this petitioner ordered by abusing to kill all the people of Barati upon which, all villagers started assaulting with lathi to Barati. Co-accused Ram Ayodhya Mahto assaulted with rod on the head of Shiv Janam Prasad with an intention to kill him, as a result of which, he fell down on the ground then co-accused Ravi Shankar Mahto assaulted with lathi.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.09.2021. He has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The case has been instituted under Section 156(3) Cr. P.C. The date of occurrence is 03.06.2019 and the case was instituted on 29.09.2019. The petitioner is alleged to be order giver. No injury is alleged to have been caused by him.

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

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.47992 of 2022(2) dt.21-12-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Revelganj P.S. Case No. 295/2019. (Sudhir Singh, J) U.K./- U T