Naresh Mahto@Naresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6916 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== NARESH MAHTO@NARESH KUMAR S/O SHAILENDRA MAHTO R/O MOH. BARI PAHARI, P.S. LAHERI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Prasad Verma For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Deepnagar P.S. Case no. 42 of 2021 instituted for the offence under Sections 147, 148, 149, 188, 152, 323, 338, 353, 307 and 504 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty as a result of which constable Ram Singh sustained injuries and became unconscious. They also raised slogans against the administration.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.6916 of 2022(2) dt.03-08-2022 2/3 offence. General and omnibus allegations have been levelled against him. At the time of occurrence, he was studying at his home. He has got no criminal antecedent. Only one constable has received head injury in the alleged incident. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Deepnagar P.S. Case no. 42 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Biharsharif, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U

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