Driver Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29961 of 2016 Arising Out of PS.Case No. -122 Year- 2015 Thana -SANGRAMPUR District- EAST CHAMPARAN (MOTIHARI) ====================================================== Driver Mahto, Son of Late Phulena Mahto, Resident of Village Pachbhidwa, P.S. Sangrampur, District East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Pankaj Kumar, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2016 Heard both sides.
The petitioner apprehends his arrest in Sangrampur P.S. Case No. 122/15 registered under Section 307 and other sections of the Indian Penal Code.
The informant named five persons and alleged that they all began to abuse and assault the informant. The informant alleged that Kisun Mahto assaulted Dhurendra Mahto, son of the informant, with Sarhat on his armpit causing bleeding injury. Sukai Mahto assaulted the informant with lathi on his head but the blow hit on the hand of the informant and his hand was broken. Nandu Mahto assaulted the son of the informant Upendra Mahto with Sarhat. Mohan Mahto assaulted the younger son of the informant Sahindra Mahto with lathi on his head. It is submitted that no specific allegation of assault is made against the petitioner.
Patna High Court Cr.Misc. No.29961 of 2016 (2) dt.06-09-2016 2/2 The petitioner is a co-sharer. Only the name of the petitioner has been mentioned in the FIR.
Considering the fact that no allegation of assault is made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in Sangrampur P.S. No. 122/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T