Sulo Mahto @ Surendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7960 of 2022 Arising Out of PS. Case No.-222 Year-2020 Thana- JAMUI District- Jamui ====================================================== SULO MAHTO @ SURENDRA MAHTO Son of Kashi Mahto Resident of Village - Baruata, P.S. and District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Mahto, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner seeks regular bail in connection with S.T. No. 156 of 2021 arising out of Jamui P.S. Case No. 222 of 2020 instituted for the offences under Sections 143, 341, 323, 307, 324, 447, 354(B), 504/34 and 302 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.11.2020, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that while she was working in her home, heard some noise and accordingly went to the Angan (open place) within the house, where she saw Ashok Mahto,
Patna High Court CR. MISC. No.7960 of 2022(2) dt.23-02-2022 2/3 further on asking him what was doing in the house accused gagged her mouth, further on scream of the informant the accused fled away. It is next alleged that on hearing the informant's scream Vickey Kumar came who was assaulted by Vikash Kumar, Subhash Kumar and Uchit Kumar by Khanti on account of assault Vickey Kumar became unconscious, thereafter the elder brother-in-law (Mahendra Singh) of the informant came who was also assaulted by the petitioner on his head by Khanti causing injury. It is further alleged that Vickey Kumar is being treated at PMCH, Patna and Mahendra Singh is being treated at Sadar Hospial, Jamui.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that as far as this petitioner is concerned the only allegation against him is of assault to Mahendra Singh by Khanti on his head. Learned counsel further draws the attention of the Court to the injury report of Mahendra Singh and submits that the injury are simple in nature, though it is on the vital part of the body. Learned counsel also submits that co-accused Ashok Mahton @ Ashok Kumar Mahton has been granted bail by order dated 29.01.2021 in Cr. Misc. No. 35072 of 2020. Learned A.P.P. for the State vehemently opposes the
Patna High Court CR. MISC. No.7960 of 2022(2) dt.23-02-2022 3/3 prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted, injury is simple in nature and co-accused has been granted bail, let the petitioner above named be released 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 3rd Additional Sessions Judge, Jamui in connection with S.T. No. 156 of 2021 arising out of Jamui P.S. Case No. 222 of 2020.
(Satyavrat Verma, J) Kundan/- U T