Prabhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34487 of 2017 Arising Out of PS.Case No. -278 Year- 2016 Thana -BARGANIA District- SITAMARHI ======================================================

1. Prabhu Mahto So of Late Bilahs Mahto, R/o Village- Parsauni, P.S.- Bairgania, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The petitioner seeks regular bail in connection with Bairgania P.S. Case No. 278 of 2016, registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner that he along with other accused assaulted the deceased and uncle of the informant. It has been submitted on behalf of the petitioner that no allegation has been attributed against the petitioner on assault on the deceased rather he assaulted the uncle of the informant and injuries caused on the injured was found to be simple in nature, which will appear from Annexure - 4 of the bail petition. Further co-accused persons already been granted bail by this Court vide order dated 20.06.2017 passed in Criminal Miscellaneous Nos. 20236 of 2017 and 19686 of 2017 and petitioner has been in

judicial custody since 18.12.2016.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that the petitioner has also assaulted the deceased. Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi (Bihar) in connection with Bairgania P.S. Case No. 278 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T