Mohan Lohar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83017 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.
Mohan Lohar Son of Late Prayag Lohar Resident of Village - Kharenda, P.S,- Belaon, Distt.- Kaimur.
2.
Murli Lohar @ Murali Lohar Son of Late Prayag Lohar Resident of Village - Kharenda, P.S,- Belaon, Distt.- Kaimur.
3.
Awadhesh Lohar Son of Late Prayag Lohar Resident of Village - Kharenda, P.S,- Belaon, Distt.- Kaimur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Jha For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for grant of bail in a case registered for the offence under sections 147,148,149,323,341,307,354B,379,504 and 506 of the Indian Penal Code.
As per the allegation in the FIR, the accused persons including the petitioners herein are stated to have assaulted the informant and his daughter.
It is submitted by learned counsel for the petitioners that from reading of the FIR it would be evident that the direct allegation is against Chebar Lohar of having given Khanti blow
Patna High Court CR. MISC. No.83017 of 2019(3) dt.19-12-2019 2/2 on the head of the informant and on Dinanath Lohar of having assaulted the informant. It is further submitted that although there is allegation against the petitioner no. 2 of having pressed the neck of the daughter of the informant, however, there is no injury to support the allegation against the petitioner no. 2. The application for bail was opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation including the direct allegation against Chebar Lohar and Dhanwar Lohar, the petitioners being in custody since 14.10.2019 and having no criminal antecedent, the Court is inclined to enlarge the petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua in connection with Bhagwanpur (Belaon) P.S. Case no. 197 of 2019.
(Partha Sarthy, J) Prakash/- U