The learned criminal judge allowed the petitioner's bail application. The High Court granted bail with a bond of Rs. 10,000 and two sureties in a criminal case arising out of Sections 302 IPC and others.
The petitioner be released on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19413 of 2016
Arising Out of PS.Case No. -198 Year- 2015 Thana -JALE District- DARBHANGA ====================================================== 1. Surendra Mahto, Son of Late Thadi Lal Mahto, residents of VillageNarauchh, P.S- Jalley, District- Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Narsing Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 06-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under Sections 302, 341, 323, 325, 504/34 of the Indian Penal Code and 3 / 4 of Dian Act. Accusation is that two girls of the informant’s village were quarreling with each then Satrughan son of the informant reached there then Brahmdeo Mahto who was present there abused him. The son of the informant came to his house and narrated the incident to the informant. Thereafter the wife of the informant and son approached to Brahmdeo Mahto. At that time Brahmdeo Mahto threw his son on the ground and when the wife of the informant tried to save her son, she was also assaulted. At that time, father of the informant tried to pacify the matter then on
Patna High Court Cr.Misc. No.19413 of 2016 (2) dt.06-05-2016
2/2
instigation of the petitioner, his son Brahmdeo Mahto assaulted his father who died in course of treatment in PMCH.
Learned counsel appearing on behalf of the petitioner submits that, in fact, from perusal of FIR it would appear that there is specific allegation against Brahamdeo Mahto, who caused lathi injury to the father of the informant but due to ulterior motive the petitioner has falsely been implicated in the present case. The petitioner having no criminal antecedent is in custody since 12.03.2016.
Having considered the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Jalley P.S.Case No. 198 of 2015.
(Rajendra Kumar Mishra, J)
singh/-
U
1 issue framed by the court
Whether the petitioner should be granted bail in a criminal case involving assault and murder charges.
Surendra Mahto
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
