Biru Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25497 of 2017 Arising Out of PS.Case No. -190 Year- 2015 Thana -KATORIA District- BANKA ====================================================== Biru Mahto Son of Govind Mahto, Resident of Village- Bhandarkola, Police Station- Katoriya (Jaipur), District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-06-2017 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Katoria (Jaipur) P.S. Case No. 190 of 2015 registered for the offences under sections 147, 148, 149, 323, 427, 504, 307 of the Indian Penal Code and section 3/4 of the Explosive Substance Act. Learned counsel for the petitioner referring to the First Information Report, would submit that the specific allegation of throwing bombs was attributed to Banku Mahto and Dhaneshwar Mahto, who have already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 18407 of 2016.

Patna High Court Cr.Misc. No.25497 of 2017 (2) dt.08-06-2017 2/2 The submission is that there was a dispute on uprooting the paddy crops, in which, some altercation took place, but the present case has been falsely lodged implicating the petitioner.

Learned APP accepts that the accused against whom there is specific allegation, have already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 18407 of 2016 on 22.06.2016.

In the facts and circumstances stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Banka in connection with Katoria (Jaipur) P.S. Case No. 190 of 2015, subject to the condition that one of the bailors shall be a family member of the petitioner having no criminal antecedent.

Accordingly, this application is disposed of. (Rajeev Ranjan Prasad, J) Mahesh/- U T