Shyam Sundar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3960 of 2024 Arising Out of PS. Case No.-329 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== SHYAM SUNDAR MAHTO S/O UDAY MAHTO R/O VILLAGEJALALPUR, P.S- SHAHPUR PATORY (MOHANPUR O.P.), DISTT.- SAMASTIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 447, 448, 427, 354B, 379, 504, 506 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioner are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He
Patna High Court CR. MISC. No.3960 of 2024(3) dt.21-03-2024 2/3 has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties and a title suit bearing Title Suit No. 25 of 2017 is pending between them. There is case and counter case between both the parties. The injuries sustained by the injured are simple in nature, which is also evident from the injury report of the injured enclosed in the case diary. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the injuries sustained by the injured persons are simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Patory (Mohanpur O.P.) P.S. Case No. 329 of 2022, subject to the
Patna High Court CR. MISC. No.3960 of 2024(3) dt.21-03-2024 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T