Patna High CourtCR. MISC./42271/2016bail granted

Nagendra Mahto v. The State Of Bihar

2016-10-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42271 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Nagendra Mahto S/o Late Methur Mahto, Resident of Village- Kothiya Rai, P.S.- Majorganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Majorganj Police Station Case No. 53 of 2016, disclosing offences under Sections 147, 148, 149, 323, 324, 308, 379 and 504 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that there is allegation against the petitioner of assaulting the informant's son with sword, but there is no injury report to support this allegation. It has also been submitted that on the basis of counter version of the same occurrence, another First Information Report, being Majorganj Police Station Case No. 54 of 2016 has been registered.

Patna High Court Cr.Misc. No.42271 of 2016 (2) dt.05-10-2016 2/2 Considering the above submission, this application is allowed.

Let the petitioner, Nagendra 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 I, Sitamarhi, in connection with Majorganj Police Station Case No. 53 of 2016, 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/-c U √ T √