Nagendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37347 of 2018 Arising out of Masrakh P.S. Case No.80 of 2018, District-Saran ====================================================== Nagendra Mahto, son of Chandrika Mahto, resident of Village- Bangra Dih Tola, Police Station- Mashrakh, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Masrakh P.S. Case No.80 of 2018, registered for offences alleged under Section 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that even though the petitioner is named in the FIR, but from perusal of the fardbeyan of the informant it would appear that there was a dance programme organized by the informant where several persons had assembled and in course of dance programme a dispute arose amongst the accused persons and the deceased in which coaccused Dhananjay Mahto gave knife blow in the abdomen of the deceased which ultimately proved fatal and the victim died.

Patna High Court Cr.Misc. No.37347 of 2018 (2) dt.29-06-2018 Learned counsel submits that there is no specific allegation against this petitioner in the present case and this petitioner has no criminal antecedent.

Learned APP for the State is present.

Considering the facts and circumstances whereunder the specific allegation is against co-accused Dhananjay Mahto of giving knife blow which proved fatal and that there is no specific allegation against the petitioner as also that he has no criminal antecedent, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIth, Chapra, District-Saran in connection with Masrakh P.S. Case No. 80 of 2018, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T