Patna High CourtCR. MISC./54121/2017bail granted

Mahesh Mahto v. The State Of Bihar

2017-12-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54121 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -KORMA District- SEKHPURA ====================================================== Mahesh Mahto Son of Late Kailash Mahto, R/o Village- Kusumbha, P.S.- Korma , District- Sheikhpura. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in POCSO Case No. 18 of 2017, arising out of Korma P.S. Case No.36 of 2017, registered under Sections 147, 148, 149, 323, 325, 354, 307, 302 and 506 of the Indian Penal Code and Section 8 of POCSO Act. As per the prosecution case, on the order given by the petitioner other accused persons named in the F.I.R. assaulted the deceased Bihari Mahto by means of khanti and rod and all the accused persons including the petitioner assaulted the informant and his son, Mithilesh Mahto. Bihari Mahto succumbed to his injury during course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner happens to be only order giver and is not the assailant of the deceased. The other allegation levelled against the petitioner is not specific rather general and omnibus in nature. As

Patna High Court Cr.Misc. No.54121 of 2017 (02) dt.13-12-2017 - 2 - a matter of fact, there was a scuffle between the parties and both the parties filed cases against each other. The case of the petitioner is of preceding to the case under hand. One of the alleged assailant of the deceased, namely, Shivdhar Mahto @ Bhojal Mahto @ Komal was directed to be released in Cr. Misc. No.43963 of 2017 vide order dated 07.11.2017 on bail on submission of chargesheet and not finding specific allegations against him by the learned lower court and the said accused has been enlarged on bail in compliance of order of this court. Chargesheet against the petitioner has been submitted. The petitioner has been languishing in custody since 24.05.2017.

In the facts and circumstances of the case, the above named petitioner 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 1stAdditional District and Sessions Judge, Sheikhpura in connection with Korma P.S. Case No.36 of 2017.