Ganesh Mahto @ Banar @ Banar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55050 of 2019 Arising Out of PS. Case No.-226 Year-2019 Thana- SONEPUR District- Saran ====================================================== Ganesh Mahto @ Banar @ Banar Mahto, aged about 45 years, Male, Son of Late Sanchit Mahto, Resident of Village- Barbatta (Sonepur), Police StationSonepur, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Ranjan No.I, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Petitioner is said to have put Katta on the temple of the informant whereas co-accused, not only, snatched his belongings, but also, gave dagger blow causing injury on the abdomen of the informant. Furthermore, it is alleged that petitioner and others assaulted the informant as well as his wife. Submission on behalf of the petitioner is that no case under Section 394 of the IPC has been registered and so far as allegation of theft is concerned, the same is against co-accused

Patna High Court CR. MISC. No.55050 of 2019(3) dt.20-11-2019 2/2 Vijay Kumar and similarly, the allegation of giving dagger blow is also against co-accused Vijay Kumar. He, further, submits that as a matter of fact, the petitioner and informant are next door neighbour and due to previous enmity, the informant as well as his wife implicated the petitioner in this case. Para 3 of the petition goes to show that the petitioner does not have any criminal antecedent. The impugned order reveals that the petitioner is in jail custody since 02.06.2019 and admittedly, the investigation against him has already been completed. According, petitioner is directed to 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P. S. Case No. 226 of 2019.

(Hemant Kumar Srivastava, J) Rajeev Kumar/- U T