Sulo Mahto@Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21329 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- JAMUI District- Jamui ====================================================== SULO MAHTO @ SURENDRA MAHTO SON OF KASHI MAHTO RESIDENT OF VILLAGE- BARLUATTA, P.S. AND DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.A.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Jamui P.S. Case no. 222 of 2020 registered for the offence punishable under sections 143, 341, 323, 307, 324, 447, 354(B), 504/34 of the Indian Penal Code and subsequently, section 302 IPC has been added. Learned counsel for the petitioner at the outset submits that petitioner is in custody since 16.11.2020 and is person with clean antecedent. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that against petitioner it is alleged that he assaulted Mahendra Singh, elder brother of the informant by iron rod on his head leading to fracture. He next submits that he has specifically stated in para 7 of the bail petition that there is

Patna High Court CR. MISC. No.21329 of 2021(2) dt.17-11-2021 2/2 no injury report of Mahendra Singh on record and as such name of this petitioner has been superficially added in this case as he has no concern with the informant and other accused persons. Learned counsel for the informant vehemently opposed the bail application but on query of the court with respect to para 7, learned counsel submits that he has no instruction on the said issue.

Learned APP fairly submitted that since it has been specifically pleaded by the petitioner that there is no injury report of Mahendra Singh on record as such learned court below be directed to verify the same.

Considering the facts that petitioner has specifically pleaded in bail application that there is no injury report of Mahendra Singh on record as such petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in Jamui P.S. Case no. 222 of 2020.

(Satyavrat Verma, J) s.hassan/- U T