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Patna High CourtCR. MISC./57099/2019bail granted

Ram Nandan Mahto v. The State Of Bihar

2019-09-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57099 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- GHOSWARI District- Patna ====================================================== 1.

Ram Nandan Mahto S/O Late Meghan Mahto Resident of Village- Chakdah, P.S.- Ghoswari, District- Patna.

2.

Ram Brichh Mahto @ Ram Briksh Mahto S/O Late Chhathu Mahto Resident of Village- Chakdah, P.S.- Ghoswari, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons including the petitioners opened fire causing injury to two persons. It has been submitted on behalf of the petitioners that the petitioners are in custody since 8.7.2019 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the

Patna High Court CR. MISC. No.57099 of 2019(2) dt.09-09-2019 2/2 parties. Free fight is alleged to have taken place. As per F.I.R., general and omnibus allegation has been made. Subsequently in course of investigation, the prosecution has tried to develop the case by way of alleging that the petitioner is said to have fired upon the victim. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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 learned Sri K.P. Arya, J.M. 1st class, Barh, Patna in connection with Ghoswari P.S. case No.30 of 2018.

(Sudhir Singh, J) Narendra/- U T