High Court Patna High Court - Orders

Jiyalal Mahto &Amp; Ors vs The State Of Bihar on 19 November, 2010

Patna High Court – Orders
Jiyalal Mahto &Amp; Ors vs The State Of Bihar on 19 November, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.26039 of 2010
                               JIYALAL MAHTO & ORS
                                          Versus
                                THE STATE OF BIHAR
                                        -----------

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.)