Botal Mahto @ Sinku Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.22784 of 2017 (3) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22784 of 2017 Arising Out of PS.Case No. -394 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Botal Mahto @ Sinku Mahto, S/o Rabishankar Mahto, Resident of VillageRatnarh, P.S. Garhani, District Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Buxar Town P.S. Case No. 394 of 2016, registered under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code. The Superintendent of Central Jail, Buxar, gave his written report that, on 26.08.2016, 17 under trial prisoners were sent to the court boarding at the vehicle for production. In the vehicle, co-accused, Omkarnath Singh @ Seru Singh and Botal Mahto (petitioner) were started to scuffle between each other. After returning from the court, there was tension between both the parties.

Learned counsel for the petitioner submits that while

Patna High Court Cr.Misc. No.22784 of 2017 (3) dt.29-06-2017 petitioner is named in the F.I.R. but no specific overt act has been attributed against him. Further submission is that petitioner is in custody since 14.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar Town P.S. Case No. 394 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T