Sanjiv Kumar Mahto @ Dilkhush v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61051 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sanjiv Kumar Mahto @ Dilkhush Son of Kari Mahto R/o Village- Singhia Bujurg North, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 323, 354(B), 379, 341, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that petitioner has antecedent of three cases and is in custody since 02.04.2024 and the informant alleges that the accused persons including the petitioner, who are agnates, forcibly occupied her land by constructing a boundary, further, petitioner along with Rajiv Kumar Mahto and Mahendra Mahto dashed her on the ground by pulling her hair and made her semi-nude, further, it is alleged that the accused also assaulted her husband and set on
Patna High Court CR. MISC. No.61051 of 2024(3) dt.11-12-2024 2/3 fire the crop on the land, further, Phool Kumari and Archana Kumari snatched her golden chain.
4. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the alleged occurrence is said to have taken place. It is also submitted that the allegation is general and omnibus in nature and putting the crop on fire is ornamental. It is also submitted that charge sheet has been submitted as such no useful purpose would be served by keeping the petitioner in jail.
5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bibhutipur P.S. Case No. 107 of 2024.
7. It is made clear that if the learned Trial Court comes to a conclusion that petitioner after his release is trying to delay the trial in any manner in that event the learned Trial
Patna High Court CR. MISC. No.61051 of 2024(3) dt.11-12-2024 3/3 Court shall be at liberty to cancel the bail bonds of the petitioner forthwith after recording reasons.
(Satyavrat Verma, J) Rishabh/- U T