The High Court of Patna granted bail to the petitioner who was in custody for offences including hurt, assault, and attempt to murder arising from a land dispute. The court noted the petitioner had no criminal antecedents.
Petitioner released on bail on a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49329 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -NAUHATTA District- SASARAM (ROHTAS) ====================================================== Suresh Mahto Son of Ram Prasad Mahto Resident of Village - Belaunja, P.S. - Nauhatta, District - Rohtas. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subash Kumar For the Opposite Party/s : Mr. Uday Chandra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 02-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Nauhatta P.S. Case No. 25 of 2015 registered for the offences punishable under Sections 341, 323, 504, 324, 307, 379/34 of the Indian Penal Code. Allegedly the petitioner was armed with garasa and he and other co-accused variously armed, assaulted the informant, his father and brother causing injury to them. Submission is of false implication and that there is case and counter case, there was free fight between the parties for land dispute, in this case two co-accused Ram Prasad Mahto and Kamlesh Mahto have already been allowed bail vide order dated
Patna High Court Cr.Misc. No.49329 of 2015 (3) dt.02-02-2016
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16.10.2015 passed in Cri. Misc. No. 42314 of 2015 by another coordinate Bench of this Court and there being no specific allegation, the petitioner also deserves sympathetic consideration as he is suffering in custody since 12.06.2015, having no criminal antecedent.
The learned A.P.P. fairly submits that there is general and omnibus allegation.
In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate-1st Class, Dehri arising out of Nauhatta P.S. Case No. 25 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
sushma/U
1 issue framed by the court
Whether the petitioner deserves bail in offences under Sections 341, 323, 504, 324, 307 IPC involving a land dispute.
Suresh Mahto
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
