Satahu Mahto @ Satchhu Mahto @ Sateha Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9094 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- KOTWA District- East Champaran ====================================================== Satahu Mahto @ Satchhu Mahto @ Sateha Mahto S/o Late Raghuni Mahto Resident of Village - Kotwa Bazar, P.O. and P.S.-Kotwa, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Kotwa P.S. Case No. 201 of 2021 registered for the offence under Sections 147, 148, 149, 323, 324, 341, 307, 380, 354, 504 and 506 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 17.10.2021.

The accusation against the accused/petitioner is to

Patna High Court CR. MISC. No.9094 of 2022(2) dt.07-06-2022 2/3 assault the husband of the informant alongwith other co-accused equipped with the arms like iron rod etc.

Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of the F.I.R. itself, it appears that the nature of the allegation, as regard to assault, is very much omnibus against the petitioner. It has further been submitted that chargesheet has already been submitted in this case as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State fairly conceded that allegation against the accused/petitioner, as regard to assault, is very much omnibus in nature.

Considering the facts and circumstances as mentioned above and as the allegation, as regard to assault, is very much omnibus in nature coupled with the fact that chargesheet in this case has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kotwa P.S. Case No. 201 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the following condition:

"That one of the bailors shall be

Patna High Court CR. MISC. No.9094 of 2022(2) dt.07-06-2022 3/3 the close relative of the accused/petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T