Dinesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23628 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -KURSELA District- KATIHAR ======================================================
1. Dinesh Mahto, S/o Late Din Dayal Mahto, R/o Gobrahi Diyara, P.S.- Kursela, Distt.- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Mr. Sanjeev Kr. Singh, Adv.
For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Kursela P.S. Case No. 12/2017 registered under Sections 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, the petitioner is said to have resorted firing on the left hand of the informant making him injured over money.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case due to animosity. It has been further submitted that though the informant has named the
Patna High Court Cr.Misc. No.23628 of 2018 (4) dt.23-05-2018 2/2 petitioner as an assailant in the written report but in the later portion of the written report he has stated that he did not take name of any of the accused in the case on the interrogation made by the I.O., despite his persistent insistence claiming that the petitioner and aforesaid accused persons had extended threatening of dire consequences in case of lodging the F.I.R. against him but the witnesses in para 156 and 51 of the case diary have not supported the aforesaid statement of the informant. The injury sustained by the informant is simple in nature. The petitioner has been languishing in custody since 15.02.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 12 of 2017.
(Prakash Chandra Jaiswal, J.) Rakhi U T