Patna High CourtCR. MISC./47892/2016bail granted

Makeshwar Mahton v. The State Of Bihar

2017-01-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47892 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -SIKANDARA District- JAMUI ======================================================

1. Makeshwar Mahton Son of late Ram Bhajju Mahton Resident of Village- Kurhadih, P.S. Sikandra, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nesar Ahmad, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/380/34 of the Indian Penal Code.

Allegation is that about six named accused persons including the petitioner slit the throat of the mother of the informant for property dispute.

Submission is that the informant is not an eyewitness of the occurrence. The case-diary also reveals that no other eyewitness has supported the occurrence. Similarly situated coaccused Jay Prakash Mahto has also been allowed anticipatory bail on 09.11.2016 by a co-ordinate Bench of this Court in Cr. Misc.

Patna High Court Cr.Misc. No.47892 of 2016 (3) dt.19-01-2017 2/2 No.39204 of 2016.

Learned counsel for the informant opposed the prayer on the ground that in the past also the petitioner and others threatened of dire consequences.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory 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-II, Jamui/Successor Court in connection with Sikandra Police Station Case No.146 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T