In a bail petition arising from an FIR involving offences under Sections 147, 148, 149, 341, 323, 324, and 302 IPC, the High Court at Patna considered the merits raised by the petitioner and granted bail.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 and two sureties of similar 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.16810 of 2020
Arising Out of PS. Case No.-849 Year-2018 Thana- SONEPUR District- Saran
======================================================
BIGAN MAHTO S/o Late Mangal Mahto Resident of Gobind Chak, Ambedkar Nagar, P.S.-Sonepur, District-Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar Tiwary For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 02-11-2020
Due to COVID-19 Pandemic, the matter is being
taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 302 of the Indian Penal Code.
The prosecution case in short is that the accused persons, variously armed, assaulted the father of the informant due to which he died.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.10.2019 and has got no
Patna High Court CR. MISC. No.16810 of 2020(2) dt.02-11-2020 2/2
criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is said to be the order giver. The main allegation of assault is alleged against coaccused Bihari Mahto. There is no allegation of assault alleged against the petitioner. Other co-accuseds namely Dahaur Mahto and Sikandar Mahto have been granted bail vide order dated 18.02.2019 passed in Cr. Misc. No. 7283 of 2019.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Sonepur P.S. Case No. 849 of 2018.
(Sudhir Singh, J)
Pankaj/-
1 issue framed by the court
Whether bail should be granted to the petitioner in the present criminal offence.
7 provisions across 1 enactments
Bigan Mahto
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
