Makun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6149 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== MAKUN MAHTO S/O SATYADEO MAHTO R/v- Bathnaha, P.S.- Phulparas. District- Madhubani .. ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mauli Chaurasia For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Phulparas P.S. Case No. 57 of 2022, registered for the offenses punishable under Sections 447, 341, 323, 324, 325, 307, 354(B), 379, 427, 504, 506/34 of the Indian Penal Code. As per allegation, the accused person named in the FIR including 5-7 unknown persons attacked the informant side. Brother of the informant one Suresh Mahto became badly injured. As per allegation, co-accused Umesh Mahto assaulted cousin brother of the informant by means of farsa on his head and he became injured.

The learned counsel for the petitioner, has submitted that petitioner is under custody since 16.09.2022. There is case and counter case and the members of defense side have also become

Patna High Court CR. MISC. No.6149 of 2023(2) dt.01-05-2023 2/2 injured. The petitioner has also sustained head injuries. He is a person of clean antecedent. He has also submitted that so far as the injury of injured Suresh Mahto is concerned, opinion of the doctor is reserved and other injured persons have suffered simple injuries. Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IInd, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 57 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T