Allowed

Suraj Mahto and Anr. v. The State Of Bihar

Patna HC22 Aug 2014CR. MISC./20809/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to petitioners Suraj Mahto and Bishwakarma Mahto in a criminal case involving assault leading to death. The court directed the furnishing of a bail bond of Rs. 10,000/- each with two sureties of the same amount.

What did the court decide?

Release of petitioners Suraj Mahto and Bishwakarma Mahto on bail by furnishing a bond of Rs. 10,000/- each with two sureties of the like amount.

Suraj Mahto and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20809 of 2014

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Arising Out of PS.Case No. -2 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== 1. Suraj Mahto, son of Ashok Mahto, 2. Bishwakarma Mahto, son of Late Ram Prasad Mahto, Both residents of village- Pratap Tand ( Kahar Toli), P.S.- Bhagwanpur, District- Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Anuradha Singh, Adv. For the Opposite Party/s : Mr. Anand Kishor Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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3 22-08-2014 Heard learned counsel for the petitioner as well as learned APP for the State assisted by learned counsel for the informant.

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Lalita Devi wife of deceased, Visu Mahto filed a written report on 01.01.2014 disclosing therein that on the same day at about 2:00 p.m. while she along with her husband and family members were taking meal, her co-villagers, Suraj Mahto, Rudal Mahto, Nunuwati Devi and Bishwakarma Mahto armed with lathi, danda, iron rod and pistol attacked upon them and during course thereof, Rudal gave lathi blow over head of her husband. At that very time, Suraj Mahto had pointed pistol towards her. Bishwakarma Mahto threw her husband on the earth and then

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Patna High Court Cr.Misc. No.20809 of 2014 (3) dt.22-08-2014

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thereafter, on the order of Nunuwati Devi, all of them brutally assaulted leading to death of her husband.

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It has been submitted on behalf of the petitioners that from the inquest report it is evident that no external injury was found on the body of the deceased. It has also been submitted that during course of investigation witnesses were examined including Mangra Mahto, nephew of deceased (para-12) wherefrom the manner of occurrence as well as place of occurrence as suggested by the informant is found shifted. Apart from this, it has also been submitted that during course of postmortem, the doctor has found swelling on right temporal area 6”x4”, compound fracture of right ribs and in the opinion of doctor the head injury was responsible for causing death for which there happens to be specific allegation against Rudal Mahto. It has also been submitted that petitioner Suraj Mahto happens to be under custody since 02.01.2014 while petitioner Bishwakarma Mahto is languishing since 14.02.2014.

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On the other hand, learned APP assisted by learned counsel for informant vehemently opposed the prayer for bail and submitted that all the accused persons were actively involved during commission of occurrence wherein deceased was done to death. It has also been submitted that from place of occurrence, para-4 it is evident that place of occurrence has been found by the

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Patna High Court Cr.Misc. No.20809 of 2014 (3) dt.22-08-2014

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Investigating Officer an open area in front of house of informant and therefore, it cannot be said that there happens to be major shifting in the prosecution case. However, fairly concedes that save and except Rudal Mahto, no one carries specific allegation.

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Accordingly, petitioners, Suraj Mahto and Bishwakarma Mahto are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Rajiv Ranjan Singh, J.M. 1^st Class, Vaishali at Hajipur/successor in the office in connection with Bhagwanpur P.S. Case No. 02/2014.

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(Aditya Kumar Trivedi, J)

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perwez

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U T

Suraj Mahto and Anr. v. The State Of Bihar

Case brief

What is this about?

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Suraj Mahto and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

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