Prakash Kumar Mahto @ Parkash Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.36964 of 2018 (2) dt.17-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36964 of 2018 Arising Out of PS.Case No. -421 Year- 2017 Thana -BUDDHACOLONY District- PATNA ======================================================

1. PRAKASH KUMAR MAHTO @ PARKASH MAHTO, S/o Sri Dashrath Matho, R/o Sabalpur Diyara, Baman Toli, Gautam Mukhiya Ke Bagal Bala Makan, P.S. Sonepur, District- Saran At present House of Jogendra Ray, Uttari Mandiri, Chhakkantola, P.S.- Buddha Colony, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since17.02.2018 in connection with Buddha Colony P.S. Case No. 421/2017 registered for the offences punishable under Sections 147/148/149/323/341/504/307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that, admittedly, in the First Information Report, one Ajay Rai who is neighbour of the informant came along with 4-5 persons and started using abusive language and were also armed and started firing at the door of the informant. It is further submitted that the name of the petitioner Prakash Kumar has been added at tail end

Patna High Court Cr.Misc. No.36964 of 2018 (2) dt.17-07-2018 of the First Information Report for the reason that the petitioner Prakash Kumar Mahto @ Prakash Mahto has performed some wall painting in the house of the informant and there had been some dispute regarding payment of wages. It is under such circumstances that the petitioner is in custody though no overt act has been attributed to the present petitioner. Considering the aforementioned facts and circumstances and that the petitioner has no criminal antecedent, let the petitioner 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 the A.C.J.M.XVI, Patna, in connection with Buddha Colony P.S. Case No. 421/2017. (Anjana Mishra, J) Saif/- U T