Tarkeshwar Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62311 of 2017 Arising Out of PS.Case No. -99 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Tarkeshwar Mahto, S/o Late Bhuwali Mahto,
2. Lal Babu Mahto S/o Janardhan Mahto, Both are R/o Village- Balua Sohraiya, P.S.- Paharpur, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 The petitioners seek regular bail in connection with Paharpur P.S. Case No. 99 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 379, 307, 504 and 506 of the Indian Penal Code.
Allegation against the petitioners and others is of assault to the informant and his son causing injuries to them. It has been submitted on behalf of the petitioners that only general and omnibus allegation of assault by lathi and danda has been levelled against the petitioners. It has also been submitted that there is case and counter case between the parties. Further petitioners have been in custody since 30.10.2017. It has further been submitted that the Trial Court has got prejudiced as one of the accused has taken the privilege of bail on the wrong plea, however petitioner has nothing to do with the said accused. Heard learned A.P.P. also.
Having heard both sides, considering the facts and
Patna High Court Cr.Misc. No.62311 of 2017 (2) dt.11-01-2018 2/2 circumstances of the case and nature of allegation, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari, in connection with Paharpur P.S. Case No. 99 of 2016,subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T