Bhulla @ Niraj Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81953 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

BHULLA @ NIRAJ MAHATO Son of Bam Bam Mahato @ Ram Parvesh Mahato Resident of Village - Samsa, P.S.- Nawkothi, Distt.- Begusarai. 2.

Khirpat Mahato @ Anil Mahato Son of Dorik Mahato Resident of Village - Samsa, P.S.- Nawkothi, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Nawkothi P.S. Case No.95 of 2018 registered under Sections 147, 148, 149, 341, 342 and 307 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that while the informant was going to his house, in the way, 7 persons, named in the F.I.R., including the petitioners surrounded him. Thereafter, on the order of Ranjeet Mahto and Bhulla (petitioner no.1), Ranbir Kumar, Sukho Tanti, Khirpat (petitioner no.2), Saroj Sah and Mukendra Mahto shot fire at the informant, in which he sustained firearm injury in his right arm and he fell down. When the informant started to flee away, all started

Patna High Court CR. MISC. No.81953 of 2019(2) dt.16-01-2020 2/2 to chase him making fire. Anyhow, the informant reached at the clinic of Dr. Kishori, where he was firstly treated and his treatment is going on.

Learned counsel appearing on behalf of the petitioners submits that while the petitioners are named in the F.I.R. but there is no specific allegation against the petitioner no.1, whereas the allegation against the petitioner no.2 is that he along with others shot fire at the informant but the informant sustained only one firearm injury. While the petitioners are accused in some other cases, as detailed in paragraph-3 to this application, but in those cases, they are on bail. The petitioner no.1 is in custody since 06.08.2019, whereas the petitioner no.2 is in custody since 31.08.2019. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Begusarai, namely, Sri Rajeev Ranjan, in connection with Nawkothi P.S. Case No.95 of 2018. (Rajendra Kumar Mishra, J) P.S./- U T