Raushan Kumar Mahto @ Raushan Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16241 of 2024 Arising Out of PS. Case No.-524 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Raushan Kumar Mahto @ Raushan Kumar Patel, aged about 32 years, Male, Son of Brahmdeo Mahton Resident of Village- Budhnagar Bharat Khand Dayorhi, P.S. Parbatta (Bharat Khand O.P.), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP For the Informant :

Mr. Binod Kumar, Advocate Mr. Rahul Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner is in custody in connection with Parbatta (Bharat Khand) P.S. Case No. 524 of 2023 registered for an offence punishable under Sections 447, 341, 323, 307, 354(b), 379, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, all the accused persons assaulted to the informant with iron rod with intention to kill him.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous land dispute.

Patna High Court CR. MISC. No.16241 of 2024(2) dt.15-03-2024 2/2

5. Learned APP for the State as well as learned counsel for the Informant opposes the prayer for bail of the petitioner.

6. From perusal of the first information report and impugned order dated 29.01.2024, it appears that the petitioner and the informant belongs to same village and some land dispute was going on between them and, therefore, the petitioner has falsely been dragged in the present case and Sections 307, 354(B) and 379 of the IPC are not made out against this petitioner and rest sections are bailable as stated in para13 of the petition and petitioner is in jail custody since 14.11.2023 and he has got clean antecedent as stated in para-3 of the petition, in these circumstances, I am inclined to grant bail to the petitioner. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Khagaria in connection with Parbatta (Bharat Khand) P.S. Case No. 524 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T