Dashai Mahto @ Dasai Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69539 of 2018 Arising Out of PS. Case No.-108 Year-2017 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Dashai Mahto @ Dasai Mahto, S/o Late Maleshwa Mahto, Resident of Village- Mundipur Takiya, P.S.- N.H Bangara, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujit Kumar Singh For the Opposite Party/s :

Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with N.H. Bangara P.S. Case No. 108 of 2017 registered for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code.

Informant is the son of the petitioner who in his ferdbeyan has stated that he is five brothers and due to some minor dispute within the family some altercation took place and petitioner hit informant in his stomach by a sharp cutting weapon as a result of which he sustained grievous injury and he was admitted to Darbhanga Medical College.

Patna High Court Cr.Misc. No.69539 of 2018(2) dt.06-12-2018 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case. He has no criminal antecedent and he is in custody since 23.12.2017.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IIIrd, Samastipur in connection with N.H. Bangra P.S. Case No. 108 of 2017 subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court Cr.Misc. No.69539 of 2018(2) dt.06-12-2018 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T