Pramod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12997 of 2023 Arising Out of PS. Case No.-144 Year-2020 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Pramod Mahto S/O Late Shiv Kumar Mahto R/O Village- Bari Pahari, P.S.- Laheri, Distt- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 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 147, 148, 149, 341, 342, 323, 504, 506, 427, 109, 188, 269, 270, 271, 332, 353, 307 of the Indian Penal Code, Section 3⁄4 of Damage of Public Property Act and Section 51 of the Disaster Management Act.
As per FIR, petitioner in association of 53 named and three to four hundred unnamed persons are said to have damaged the police vehicle and created obstruction in discharging the official duty.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the
Patna High Court CR. MISC. No.12997 of 2023(2) dt.19-05-2023 2/2 petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 22.09.2022 passed in Cr. Misc. No. 33738 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, 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 Laheri P.S. Case No. 144 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T