Sudarshan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53752 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- KHAIRA District- Saran ====================================================== SUDARSHAN MAHTO, aged about 50 years, Male, Son of Pahlam Mahto, Resident of Village-Khodaibagh, Police Station-Khaira, District-Saran at Chapra.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Satya Prakash, Advocate.

For the State :

Mr.Sanjay Kumar Sharma, A.P.P.

For the Informant : Mr. A.K.Bhaskar and Dr. R.K. Singh, Advocates. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 07.07.2018 at about 10.30 P.M. all the F.I.R. named accused persons armed with country made pistol and other weapons came at the door of informant and on the instruction of co-accused Malti Devi, coaccused Ashok Jaiswal fired on the chest of the husband of the informant, thereafter, co-accused Badan Rai, Jharilal Rai, Kunal Kumar Rai and Guddu Kumar Rai also fired shot on the body of the husband of the informant due to which he died on spot. The

Patna High Court CR. MISC. No.53752 of 2019(3) dt.13-11-2019 2/3 informant and others have seen the occurrence in the light of torch and hearing sound of firing, the neighbours came. The reason behind the occurrence is alleged to be the land dispute. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 23.05.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation of assault is alleged against co-accused Ashok Jaiswal, Badan Rai, Jharilal Rai and Kunal Kumar Rai. The said accused persons are alleged to have fired upon the deceased. Three fire shot injuries are found upon the deceased as per the postmortem.

There is no allegation of assault alleged against the petitioner. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 60356 of 2018 under order dated 06.10.2018. On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

Patna High Court CR. MISC. No.53752 of 2019(3) dt.13-11-2019 3/3 X, Saran at Chapra, in connection with Khaira P.S. Case No. 172 of 2018.

(Sudhir Singh, J) U.K./- U T