Surendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61686 of 2018 Arising Out of PS.Case No. -707 Year- 2015 Thana -PHULWARISHARIF District- PATNA ======================================================
1. Surendra Mahto, S/o Late Dharikshan Mahto, R/o Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2018 Heard both sides.
The petitioner seeks bail in Phulwari Sharif P.S. Case No.707 of 2015 registered under Sections 302 and other minor Sections of the Indian Penal Code.
Informant named the petitioner along with other accused persons and alleged that while he along with his Sarhu Jahangir @ Monu was going to take tea, the accused persons started to abuse them. The brother -in-law of the informant chided the accused persons and on such, all the accused persons assaulted him with fist and slaps. It is further submitted that Guddu and Chaitu inflicted knife blows on the body of his brother-in-law and while he was being taken to hospital, he succumbed to the injury. Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.61686 of 2018 (2) dt.08-10-2018 2/2 petitioner is not the assailant of the deceased. Chaitu and Guddu are alleged to have assaulted Jahangir @ Monu with knife. Considering the fact that the petitioner is not the assailant of the deceased and one of the assailants of the deceased Chaitu Mahto @ Chaitu Noniya has already been granted bail by another co-ordinate Bench of this Court vide order dated 26.04.2016 passed in Cr. Misc. No.9494 of 2016, 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 learned A.C.J.M.-cum-SubJudge-XV, Patna in connection with Phulwari Sharif P.S. Case No.707/2015.
(Prabhat Kumar Jha, J) Amit/- U