Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5176 of 2022 Arising Out of PS. Case No.-128 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Sunil Mahto Son of Ram Vilash mahto Resident of Village- Khanjhapur, Police Station - Cheriyabariyarpur, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Cheriya Bariyarpur P.S. Case No. 128 of 2020 instituted for the offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.11.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. The informant alleges that the petitioner along with named accused persons came to the house of the informant while he was getting iron bar prepared over the roof of his under constructed building. Further, the accused persons called the

Patna High Court CR. MISC. No.5176 of 2022(2) dt.08-06-2022 2/3 informant down the stair and Raja Ram Mahto caught him and the petitioner and one Ramakant Mahto co-accused in this case, assaulted with Pagharia (Dabia) on the head of the informant causing serious injury. Thereafter, Raja Ram Mahto and Ram Vilash Mahto assaulted the informant with an iron rod. Further, Sunil Mahto, the petitioner, Ajay Mahto and Vijay Mahto all sons of Ram Bilash Mahto armed with lathi, danda and Sunil armed with Hasuli came and assaulted the informant causing injury over his nose and cheek and Ajay Mahto also snatched a golden chain.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The allegation against the petitioner is assaulted by Hasuli and the injury report at Annexure-2 indicates that nature of injury caused by hard and blunt substance.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.11.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two

Patna High Court CR. MISC. No.5176 of 2022(2) dt.08-06-2022 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 128 of 2020. (Khatim Reza, J) Gaurav Kumar/- U T