IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26039 of 2010
JIYALAL MAHTO & ORS
Versus
THE STATE OF BIHAR
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4 19.11.2010 Heard learned counsel for the petitioners as well
as learned counsel for the State.
Originally, informant filed complaint case bearing
Complaint Case No. C1 441 of 2004 which was sent to
concerned police station for institution of F.I.R. and
investigation. The complaint case was filed on 01-05-
2004 and Sonbarsa P.S. Case No.61 of 2004 was
registered on 08-09-2004. Allegedly, petitioners hurled
bomb causing injury to informant’s Debar, namely, Ram
Pukar Mahto. Learned counsel for petitioners submits
that for the same occurrence Sonbarsa P.S. Case
No.37of 2004 was registered on the fardbeyan of one
Ram Shrestha Mahto on 27.4.2004 and in course of
investigation of the aforesaid case, it came to light that
above stated Ram Pukar Mahto had also sustained
injury in the aforesaid occurrence. Learned counsel for
petitioner further submits that on the same day, the son
of petitioner no.1 was murdered where as nephew of
petitioner no.2 sustained injury for which petitioner no.1
2
lodged Sonbarsa P.S. Case No.36 of 2004. He further
submits that the informant of present case brought the
instant case on account of enmity because much prior
to filing of the aforesaid case a murder case i.e.
Sonbarsa P.S. Case No.80 of 2003 was registered
against the husband of the informant in connection with
murder of son of petitioner no.3 and just to pressurizing
the prosecution party of the aforesaid case the
informant has brought this case.
Considering the aforesaid submissions as
well as material available on record petitioners, namely,
Budhan Mahto, Ram Narayan Mahto, Ramdeo Mahto
and Ram Nandan Mahto, in the event of their
arrest/surrender within 30 days from the date of
communication of this order to the concerned court in
connection with Sonbarsa P.S. Case No.61 of 2004,
shall be released on 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 Chief
Judicial Magistrate, Sitamarhi, subject to conditions as
laid down under Section 438(2) of the Cr.P.C.
PN/- ( Hemant Kumar Srivastava,J.)