Dhanpat Mahto @ Ajay Mahto @ Ajay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74557 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== DHANPAT MAHTO @ AJAY MAHTO @ AJAY PRASAD S/o Shyamlal Mahto R/o village- Bijho, P.S.- Kawakol, District- Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bharat Lal For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 326, 307, 379, 504, 506/34 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons having variously armed, reached the house of informant and assaulted with iron rod and sword.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-07-2019. Charge sheet in this case has already been submitted. Single sword blow is alleged to have been given by the petitioner. No repetition of blow has been made. The injury is on non-vital part
Patna High Court CR. MISC. No.74557 of 2019(3) dt.05-03-2020 2/2 of the body. No offence u/S 307 of the Indian Penal Code is made out. It has further been submitted that the petitioner may be released after completion of nine months in custody. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that after completion of nine months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Nawada in connection with Kawakol P.S. Case No. 182 of 2019.
(Sudhir Singh, J) A.K.V.//- U T