Bigu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6481 of 2021 Arising Out of PS. Case No.-36 Year-2019 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== BIGU MAHATO Son of Late Pundev Mahato R/O Village Lalgarh tole Par, Ward No. 7, P.S. Shyampur Bhataha, District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Shyampur Bhataha P.S. Case No. 36 of 2019, registered for the offence punishable under Sections 302, 307, 323 and other allied sections of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including this petitioner variously armed abused and assaulted the brother-in-law (Bhaisur) of informant and when informant's husband came to rescue, he was also assaulted by them with lathi, danda etc. During course of treatment, brother-in-law of the informant died.

Patna High Court CR. MISC. No.6481 of 2021(3) dt.22-06-2021 2/3 It is submitted on behalf of the petitioner that there is general and omnibus allegation and no specific overt act has been raised against this petitioner. Similarly situated co-accused person Ganesh Mahto has been granted bail by a coordinate Bench of this court vide order dated 04.12.2019 passed in Cr. Misc. No. 78033 of 2019 (Annexure-3). Petitioner is in custody since 17.07.2020 having clean antecedent, as stated in para 3 of the petition.

Considering the facts and circumstances of the case and the fact that similarly situated co-accused has been granted bail, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sheohar in connection with Shyampur Bhataha P.S. Case No. 36 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.6481 of 2021(3) dt.22-06-2021 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T