Pappu Mahaldar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48306 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -KORHA District- KATIHAR ======================================================

1. Pappu Mahaldar S/o - Late Bhagwat Mahaldar

2. Jitendra Mahaldar S/o - Late Bhagwat Mahaldar All are r/o vill - Madhura, P.S. - Korha, Distt - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 323, 324, 341, 342, 307, 504, 506 and 302 of the Indian Penal Code. It has been alleged that there was a dispute of land and Amin was making measurement but accused persons who are not satisfied threatened him that if the measurement would be done the informant will meet with dire consequences. On the fateful day other persons including the petitioners have surrounded the victim and assaulted him with lethal weapons, ultimately during the treatment he died.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.48306 of 2015 (2) dt.03-11-2015 specific allegation has been made against Hira Mahaldar who has given a Khanti blow on the parietal region of the informant and there is no allegation save and except that they are members of the mob. Similarly situated persons have been granted bail by this Court vided Cr. Misc. No.34545 of 2015 and 47169 of 2015.

Having considered the facts and circumstances of the case, let petitioners, Pappu Mahaldar and Jitendra Mahaldar, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No.79 of 2015, subject to the conditions that (iii) petitioners would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioners.

(Shivaji Pandey, J) Vinay/- U T