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Patna High CourtCR. MISC./63981/2019bail granted

Upendra Mahato @ Upendra Mahot v. The State Of Bihar

2019-10-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63981 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

UPENDRA MAHATO @ UPENDRA MAHOT, aged about 47 years, Male, S/o Late Tanik Mahto, R/o village- Prayagpur Berouti, P.S.- Deep Nagar, District- Nalanda 2.

Pintu Mahto @ Haggan Mahto @ Chhotu Mahto @ Pintu Kumar, aged about 18 years, Male, S/o Upendra Mahto, R/o village- Prayagpur Berouti, P.S.- Deep Nagar, District- Nalanda ... Petitioners

Versus

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

For the Petitioners :

Mr. Jagannath Prasad, Adv.

For the Opposite Party :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Deep Nagar P.S. Case No. 161 of 2019 registered under Sections 323, 341, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The accusation is that while in the evening of 15.06.2019, the informant, Bablu Singh, was cutting grass in the field, at that time, petitioner no. 1 reached there and started to abuse. When informant made protest, five persons, including petitioner no. 2, Pintu Mahto, named in the first information report, also came from the village. At that time petitioner no. 1 started to press the neck of the informant and Pintu Mahto gave

Patna High Court CR. MISC. No.63981 of 2019(3) dt.18-10-2019 2/2 the iron rod blow causing injury near left eye. Sharavan Mahto also caused injury through lathi at his fore-head and neck. Phukan Mahto took the gold ornament from his neck. Submission is that while allegation has been made against petitioner no. 1 to press the neck and petitioner no. 2 to cause injury through iron rod near the left eye, but, no apparent injury was found on the person of the informant. Both the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Deep Nagar P.S. Case No. 161 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T