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Patna High CourtCR. MISC./11512/2023allowed

Bishwamohan Mahto @ Bishwamohan Singh v. The State Of Bihar

2023-04-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11512 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- PARSA District- Saran ====================================================== Bishwamohan Mahto @ Bishwamohan Singh S/O Late Naresh Mahto @ Late Ram Naresh Prasad Resident Of Village- Anjani P.S.- Parsa, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nikhil Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code. Petitioner is said to have assaulted the informant by means of rod on his head.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is not dangerous to life, therefore, the offence under Section 307 is not made out against him. He submits that there is compromise in between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.11512 of 2023(2) dt.26-04-2023 2/2 Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is compromise between the parties, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parsa P.S. Case No. 223 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T