Allowed

Arvind Mahto @ Arvind Mahton v. The State of Bihar

Patna HC18 Dec 2019CR. MISC./71610/2019

Case brief

AI extract

What is this about?

This a bail order granting release to the petitioner in a criminal case involving murder and assault. The court considered rival submissions regarding the FIR delay and lack of injury corroboration, noting the petitioner had no criminal antecedents, and allowed bail on conditions.

What did the court decide?

Prisoner be released on bail by furnishing bonds of Rs. 10,000 with two sureties subject to conditions including close relative guarantee and attendance at trial.

Arvind Mahto @ Arvind Mahton Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71610 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- BHAGWANPUR District- Begusarai

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======================================================

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Arvind Mahto @ Arvind Mahton Son of Baso Mahto @ Basudeo Mahto Resident of Village-Tadi, P.O-Jokia P.S.-Bhagwanpur, District-Begusarai.

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... ... Petitioner

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Versus

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The State of Bihar Bihar ... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr.Shree Niwas Singh For the Opposite Party/s : Mr.Bharat Lal ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 18-12-2019

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Heard learned Counsel for the petitioners and the learned

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APP for the State.

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Counsel foe the informant has also appeared and opposed the prayer for bail.

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The petitioner seeks bail in Bhagwanpur PS Case No. 21 of 2019 registered under Sections 147, 149, 302 and 307/504 of the IPC.

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It is submitted by petitioner’s Counsel that entire story regarding assault by eight persons including the petitioner is an afterthought as the FIR has been lodged about five hours after the inquest by means of a written report submitted to the police. The petitioner and deceased are agnates and there is subsisting lad dispute between the parties. The postmortem report also does not corroborate the assault by means of Khati, lathi etc. as only four bruises have been found on the body the deceased.

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Counsel for the informant submits that various villagers in course of investigation have supported the occurrence.

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Considering the rival submissions and the fact that the petitioner is having no criminal antecedent and is in custody since 11.7.2019 the prayer for bail of the petitioner is allowed.

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Let the petitioner above named be released on bail on his

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Patna High Court CR. MISC. No.71610 of 2019(2) dt.18-12-2019 2/2

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furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Begusarai in Bhagwanpur PS Case No. 21 of 2019 on the following conditions:-

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each

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date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

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(Madhuresh Prasad, J)

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SNkumar/-

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U T

Arvind Mahto @ Arvind Mahton v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arvind Mahto @ Arvind Mahton v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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