Mahesh Mahton v. The State Of Bihar

Patna High Court Cr.Misc. No.28987 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28987 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -CHARIABARIYARPUR District- BEGUSARAI ====================================================== Mahesh Mahton Son of Late Bangali Mahto, Resident of Village - Pidhauna, Police Station - Hasanpur, District - Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 398, 307 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

The prosecution case, in short, is that in the night of 12.1.2016 while the informant went to sleep at about 12.00 hours, 6-7 persons entered in his house and on the point of pistol overpowered him and her wife rushed towards in the room of children. The culprits tried to tie them but his wife came out and raised alarm. Then villagers assembled and caught hold one of them. One of the miscreants fired upon one Jamun Rai, on account of which he sustained severe injury.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.28987 of 2016 (3) dt.01-09-2016 the petitioner is in custody since 22.2.2016 and charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. No specific allegation against the petitioner has been made for causing injury upon the victim. There is no injury report in the case diary to support the allegations made in the F.I.R. It is further submitted that the petitioner may be released after completion of nine months in custody from 22.2.2016.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of nine months in custody from 22.2.2016 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, Manjhaul, Begusarai in connection with Cheriya Bariarpur P.S. case No.09 of 2016.

(Sudhir Singh, J) Narendra/- U T