Baldeo Mahton And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59626 of 2018 Arising Out of PS.Case No. -175 Year- 2018 Thana -TEGHRHA District- BEGUSARAI ======================================================
1. Baldeo Mahton,
2. Ishwar Mahton, both sons of Ramashray Mahton, both R/o Vill.- Binalpur, Ward No. 7, (Hariharpur), P.S.- Teghra, District- Begusarai,
3. Dharamvir Sharma, S/o Arjun Sharma, R/o Vill.- Hariharpur, Chakudho, Ward No. 6, P.S.- Teghra, Distt.- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Randhir Kumar No-1, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in Teghra P.S. Case No.175 of 2018 instituted for the offence under Section(s) 307, 302 Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioners submits that First Information Report is against unknown. The informant has not taken name of this petitioner in the First Information Report although it is stated that she was sleeping with her husband. In the written report, it is alleged that husband of the informant had gone to sleep after taking dinner. The informant heard sound of firing and saw two persons running away. His husband fell down and subsequently died.
Patna High Court Cr.Misc. No.59626 of 2018 (2) dt.06-10-2018 2/2 During investigation, the informant in her restatement has disclosed the name of this petitioner. Similarly some other family members have also disclosed name of these petitioners in para 7, 8 and 9 of the case as mentioned in the impugned order.
Counsel for the petitioners submits that name of these petitioners have been disclosed by the informant only because of existing land dispute. Petitioner No.1 is in custody since16.06.2018 and petitioner Nos.2 and 3 are in custody since 23.07.2018.
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 Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No.175 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.
(Sanjay Priya, J) JA/- U T