Baliraj Mahto @ Balraj Mahto @ Balram Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3055 of 2018 Arising Out of PS. Case No.-459 Year-2015 Thana- MAJHAULIA District- West Champaran ====================================================== Baliraj Mahto @ Balraj Mahto @ Balram Mahto Son of Late Bhannu Mahto, Resident of Village-ojha Mathiya, Police Station-Majhaulia, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7, Adv For the Opposite Party/s :

Mr. SRI AJAY KUMAR-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2018 Heard learned Sr. counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Majhauliya P.S. Case No. 459 of 2015 registered for the offence punishable under Sections 147, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the deceased.

It has been submitted on behalf of the petitioner that there is no specific allegation of overt act attributed against the petitioner rather there is general and omnibus allegation of assault against the petitioner. It has been further submitted that there is land dispute between the parties. Petitioner is in custody

Patna High Court Cr.Misc. No.3055 of 2018(2) dt.17-01-2018 2/2 since 03.12.2016. Similarly situated co-accused person namely Rozy Mian vide order dated 21.06.2017 in Criminal Miscellaneous No. 24572 of 2017 and Binda Mahto dated 26.07.2017 in Criminal Miscellaneous No. 32845 of 2017, have been granted bail by a co-ordinate bench of this Court. Considering the aforesaid fact and the fact that earlier this court has rejected the bail application of the petitioner directing the trial court to expedite the trial and conclude the same within a period of six months but the trial of the petitioner has not been concluded as yet, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Fast Track Court 2nd, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No. 459 of 2015(S. Tr. No. 343 of 2017).

(S. Kumar, J) ranjan/- U