Shyam Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36774 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -SAKARPUR District- DARBHANGA ======================================================

1. Shyam Mahto Son of Late Surya Narayan Mahto, Resident of VillageKakodha Police Station- Sakatpur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sakatpur Police Station Case No. 74 of 2015, disclosing offences under Sections 341/323/324/326/ 307/504/506/34 of the Indian Penal Code.

From the First Information Report, it is evident that the petitioner and the informant are full brothers. Learned Counsel for the petitioner has submitted that it is evident from the First Information Report that the altercation had taken place, their being dispute between the accused persons and the informant, towards construction of house. He has further submitted that allegations made in the First Information Report are

Patna High Court Cr.Misc. No.36774 of 2016 (2) dt.08-09-2016 2/2 exaggerated version of what had actually happened. It has been stated in paragraph 3 of the petitioner that the petitioner has no criminal antecedent.

Considering the above submission, this application is allowed.

Let the petitioner, Shyam Mahto, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Additional Chief Judicial Magistrate, Darbhanga, in connection with Sakatpur Police Station Case No. 74 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √