This order granted bail to the petitioner, Raghuwar Mahato, charged under Sections 302/34 IPC, directing his release on a bond of Rs. 10,000 with two sureties, noting similar bail orders for co-accused.
Petitioner ordered to be released on bail with a bond of Rs. 10,000 and two sureties of the same amount.
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Patna High Court Cr.Misc. No.19407 of 2017 (3) dt.24-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19407 of 2017
Arising Out of PS.Case No. -32 Year- 2016 Thana -DHANGAI District- BHOJPUR
====================================================== Raghuwar Mahato @ Raghubar Mahato Son of Ramjee Mahato, resident of village - Ram Nagar, Police Station - Dhangai, District - Bhojpur, Ara
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 24-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Dhangai P.S. Case No. 32 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Allegedly, Pradeep Kumar @ Tunne was cutting the neck of the son of the informant and the petitioner along with other accused were standing near Khalihan having lathi.
Submission is of false implication and that similarly situated other co-accused Munna Mahto, Gorakh Mahto, Amar Mahto have been allowed bail vide annexure-2 and 2/1 and coaccused Baidya Nath Mahto has been allowed bail vide Cr. Misc. No. 19015 of 2017 by another co-ordinate Benches of this Court and as such the petitioner who is suffering in custody since
Patna High Court Cr.Misc. No.19407 of 2017 (3) dt.24-05-2017
03.11.2016 having no criminal antecedent deserves sympathetic
consideration.
Learned APP fairly submits that other co-accused have been allowed bail by different co-ordinate Benches of this Court.
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 6th Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 468 of 2016 arising out of Dhangai P.S. Case No. 32 of 2016, subject to the conditions that one of the bailors must be a 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)
avin/-
U T
1 issue framed by the court
Whether the petitioner, a co-accused charged with murder, is eligible for release on bail given that other co-accused have granted bail.
1 provisions across 1 enactments
Raghuwar Mahato
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
