The High Court granted regular bail to three petitioners in a criminal case involving murder, grievous hurt, and firearms to the satisfaction of the local Magistrate, citing general allegations and prolonged detention.
Enlargement of the petitioners on bail bond of ten thousand rupees with two sureties of the like amount each.
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.66069 of 2021
Arising Out of PS. Case No.-52 Year-2021 Thana- KAJRA District- Lakhisarai
======================================================
SANTOSH KUMAR Son of Dhanik Mahto Resident of Village- Ramtali Ganj, P.S.- Kajra, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 9555 of 2022
Arising Out of PS. Case No.-52 Year-2021 Thana- KAJRA District- Lakhisarai
====================================================== SACHIN KUMAR SON OF ANIK MAHTO @ ANIK MANDAL RESIDENT OF VILLAGE- RAMTALIGANJ P.S.- KAJRA, DISTRICTLAKHISARAI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 11335 of 2022
Arising Out of PS. Case No.-52 Year-2021 Thana- KAJRA District- Lakhisarai
======================================================
MANIK MAHTO @ MANIK MANDAL Son of Lakhan Mahto Resident of Village- Ramtaliganj, P.S.- Kajara, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 66069 of 2021) For the Petitioner/s : Mr. Umesh Prasad, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 9555 of 2022) For the Petitioner/s : Mr. Umesh Prasad, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP (In CRIMINAL MISCELLANEOUS No. 11335 of 2022) For the Petitioner/s : Mr. Prakash Mahto, Adv. For the Opposite Party/s : Ms. Rina Sinha, APP ======================================================
Patna High Court CR. MISC. No.66069 of 2021(2) dt.26-04-2022 2/3
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 26-04-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 307, 147, 148, 149, 324, 325, 326, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, it is stated by the informant that as a result of land dispute on the informant going over his land to cultivate the same, eleven named accused persons including the three petitioners herein as also seven unknown accused persons came variously armed. As a result of firing resorted to, the father of the informant was shot in his leg. Sanjay Kumar struck the informant on his hand with the sword, Subhash Kumar sustained gun shot injuries and Chandra Shekhar Kumar sustained injuries in his head. The father of the informant was brutally beaten up. Shatrudhan Mahto was referred for further treatment to Patna.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. From perusal of the FIR so far as the three petitioners herein are concerned, neither has it been mentioned as to what arms they were carrying nor any overt act has been alleged
Patna High Court CR. MISC. No.66069 of 2021(2) dt.26-04-2022 3/3
against them. The allegations are general and omnibus in nature. The petitioners are in custody since 28.6.2021, 28.6.2021 and 14.8.2021 respectively. Investigation in the case has concluded.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioners who have remained in custody for 8 months and investigation in the case having concluded, the Court directs the petitioners to be enlarged on bail in connection with Kajra P.S. Case no. 52 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Lakhisarai.
(Partha Sarthy, J)
Bibhash/-
U
1 issue framed by the court
Whether the petitioners should be granted regular bail given that the allegations are general and omnibus and investigation has concluded.
2 provisions across 2 enactments
Santosh Kumar
Sachin Kumar
Manik Mahto
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
