Chandeshwar Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64654 of 2018 Arising Out of PS.Case No. -74 Year- 2018 Thana -LAUKAHA District- MADHUBANI ======================================================

1. Chandeshwar Mahto, Son of Late Ganeshi Mahto @ Rameshi Mahto,

2. Ramesh Matho, Son of Chandeshwar Mahto, Both Resident of VillageLalmania, P.S.-Lalmania (Laukaha), Distt.-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Y. Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 26-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Laukaha (Lalmania) P.S. Case No.74 of 2018 instituted for the offence under Section(s) 341, 342, 324, 307/34 Indian Penal Code.

Counsel for the petitioners submits that instant case has been filed on account of land dispute. The informant is grandson (Naati) of brother of the petitioner No.1. It is further submitted that on the alleged date of occurrence the prosecution party assaulted petitioner No.1 and on his statement Laukaha P.S. Case No.79 of 2018 was registered and in that case father of the informant, Baidhyanath Mahto and his grandfather (Naana), Kapileshwar Mahto, and others have

Patna High Court Cr.Misc. No.64654 of 2018 (2) dt.26-10-2018 2/2 been made accused.

In the instant case, it is alleged that while informant was coming to Khutauna for study, the petitioners administered poison in his mouth. The informant reached Khutauna and informed his parent. Thereafter, instant case has been filed. Injury report of the informant is annexed as Annexure-3, wherein, doctor has not found any external injury on person of the deceased. The doctor found only complain in abdomen.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Jhanjharpur, Madhubani, in connection with Laukaha (Lalmania) P.S. Case No.74 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners. (Sanjay Priya, J) JA/- U T