High Court Patna High Court - Orders

Khubal Mahto vs State Of Bihar on 7 July, 2008

Patna High Court – Orders
Khubal Mahto vs State Of Bihar on 7 July, 2008
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.11438 of 2008
                        BENI MAHTO & ANR
                                Versus
                          STATE OF BIHAR
                                 With
                     Cr.Misc. No.14337 of 2008
                          KHUBAL MAHTO
                                Versus
                          STATE OF BIHAR
                               -----------

4 7/7/2008 The petitioners are accused in a case under Sections

147, 148, 149, 302 of the Indian Penal Code and Section 27 of

the Arms Act.

The informant alleges that about 12 accused persons

surrounded his brother and fired indiscriminately. The post

mortem report indicates that there are three wound of entry and

three would of exit.

Learned counsel for the petitioners submits that other

similarly situated co-accused have been granted bail by another

Bench of this Court in Cr. Misc. No. 54773 and 38546 of 2007

vide order dated 19.12.2007. He submits that the allegation

against the petitioner Khublal is that he is only the order giver.

Considering the aforesaid facts, the petitioners

namely, Beni Mahto, Pintu Mahto in Cr. Misc. No. 11438 of

2008 and Khubal Mahto in Cr. Misc. No. 14337 of 2008 are

directed to be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like

amount each to the satisfaction of Additional District and

Sessions Judge-III, Barh in Sessions Trial No. 795 of 2007
-2-

arising out of Ghoswari P.S. Case No. 26 of 2007 and

Additional Chief Judicial Magistrate, Barh, Patna, in connection

with Ghoswari P.S. Case No. 26 of 2007 respectively.

S.Ali                                    (Sheema Ali Khan, J.)