Santosh Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.40518 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40518 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Santosh Mahto Son of late Lakhan Mahto, Resident of Village-Jiuri, P.S. Pakribarawan, Ditrict Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 The petitioner seeks regular bail in connection with Pakaribarawan P.S. Case No. 43 of 2017, registered for offences punishable under Sections 147, 148, 341, 323, 307, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of assault to the informant causing injury to him.

It has been submitted on behalf of the petitioner that it is alleged that petitioner and on co-accused assaulted the informant by means of iron rod, however, only one injury was found on the person of the informant and that too is simple in nature. Further petitioner has no criminal antecedent and has been in judicial custody for two and half months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts and also in view of the fact that injuries caused to the person is simple in nature and also petitioner has no criminal antecedent, as such,

Patna High Court Cr.Misc. No.40518 of 2017 (2) dt.25-08-2017 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 Judicial Magistrate -1st Class, Nawada, in connection with Pakaribarawan P.S. Case No. 43 of 2017, 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