Dilip Kumar Mahto @ Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29040 of 2018 Arising Out of PS. Case No.-26 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== Dilip Kumar Mahto @ Dilip Mahto S/o Late Nawal Kishore Mahto, R/o Vill.- Parsauni Wajid, Godam Tola, P.S.- Kalyanpur, District- East Champaran at Motihari.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jai Shanker Prasad, Adv.

For the Opposite Party :

Mr. Sri Narsingh Tanti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Kalaynpur P.S. Case No.26 of 2017 giving rise to Sessions Trial No.931 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. It is alleged that petitioner along with co-accused persons armed with deadly weapon assaulted the informant and her husband who died in course of treatment.

It is submitted on behalf of the petitioner that he is innocent and he has falsely been implicated in the instant case due to civil dispute. There is no specific allegation of assault against petitioner. Petitioner has got no criminal antecedent. He is in Judicial custody since 20.03.2017.

Patna High Court Cr.Misc. No.29040 of 2018(2) dt.16-05-2018 2/2 Earlier petitioner had moved for bail before this Court in Cr. Misc. No. 53338 of 2017 and same was rejected vide order dated 11.01.2018 with liberty to renew his prayer for bail after completion of one year in custody. Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, East Champaran at Motihari, in connection with Kalyanpur P.S. Case No.26 of 2017 giving rise to Sessions Trial No.931 of 2017.

(S. Kumar, J) sudip/manoj U T