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Patna High CourtCR. MISC./4940/2023allowed

Ram Pravesh Mahto v. The State Of Bihar

2023-06-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4940 of 2023 Arising Out of PS. Case No.-203 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== RAM PRAVESH MAHTO Son of Late Rajendra Mahto R/V- Suryapura P.SBhagwanpur Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP.

Mr. Manoj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 279, 337, 307, 354(B), 379, 504, 506, 34 of the Indian Penal Code. Allegedly, after some altercation, petitioner is said to have assaulted the informant with the butt of pistol on his head, as a result of which he sustained injury. When the informant's Fua came forward to save him, the petitioner started misbehaving with her. Petitioner along with other accused persons assaulted the informant's Fua with iron rod. They also snatched a purse from her possession. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is a government teacher posted in Kanya Middle School, Suryapura. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled

Patna High Court CR. MISC. No.4940 of 2023(4) dt.20-06-2023 2/2 against the petitioner is not specific rather general and omnibus in nature. There is no any independent witness in the present case. Similarly situated co-accused has been enlarged on bail by a coordinate bench of this court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as similarly situated co-accused has been granted bail by the co-ordinate Bench of this Court, 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 Bhagwanpur P.S. Case No. 203 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T