Hanuman Kumar Mahto & Ors vs The State Of Bihar on 9 November, 2016

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Patna High Court - Orders

Hanuman Kumar Mahto & Ors vs The State Of Bihar on 9 November, 2016

Bench: Kishore Kumar Mandal

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.47617 of 2016
                     Arising Out of PS.Case No. -21 Year- 2015 Thana -KURSAKANTA District- ARRARIA
                 ======================================================
                 1. Hanuman Kumar Mahto, son of Shivji Mahto
                 2. Anil Mahto, son of Shivji Mahto, both residents of village-Harira,
                    Balchanda,P.S. Kursakanta, Araria
                 3. Virendra Mahto, son of Sadanand Mahto, resident of village-Majhara
                    P.S. Laxminiya, Morang(Nepal)
                                                                     .... .... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Sanjay Kumar Sharma
                 For the Opposite Party/s   : Mr. Md. Ansarul Haque
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                 MANDAL
                 ORAL ORDER

2   09-11-2016

Heard the counsel for the petitioners and Mr. Md.Ansarul Haque, learned APP for the State.

The three petitioners are cited as accuseds of Kursakantta P.S. Case No. 21 of 2015 registered under section 302/34 IPC. The allegation is general and omnibus against all the 10 accused persons named in the FIR including the petitioners to have physically assaulted the son-in-law of the informant causing his death.

Counsel for the petitioners has drawn particular attention of the Court to the FIR wherein it is alleged that some accused persons started assaulting the deceased and tried to strangulate as a result whereof he became unconscious and later died. It is Patna High Court Cr.Misc. No.47617 of 2016 (2) dt.09-11-2016 2/2 submitted that other co- accuseds of this case, having regard to the general allegation levelled against them, have been released on bail vide orders contained in Annexure-4 series. The petitioners have clean antecedents and are languishing in jail since 12.08.2016.

Considering the facts and circumstance of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of CJM, Araria in Kursakantta P.S. Case No. 21 of 2015 on condition that one of the bailors of each of the petitioners shall be their own/close relatives/family members. In the event of framing of charge, the petitioners shall appear in person on each date fixed at the trial. In case they fail to appear on two dates consecutively, their bail bonds shall be cancelled.

(Kishore Kumar Mandal, J) HR/-

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Patna High Court - Orders