Tuntun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22761 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- GORAUL District- Vaishali ====================================================== TUNTUN MAHTO Son of Ram Deni Mahto Resident of Village-Ramdaspur, P.S.-Goraul, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Kumar Veerendra Narayan For the Informant : Mr. G.C. Jha :

Mr. Ashish ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. 2.

The petitioner seeks bail in connection with Goraul P.S. Case No. 111 of 2023 instituted for the offence under Sections 341, 323, 324, 307, 302, 325, 504, 34 of the Indian Penal Code.

3.

As per prosecution case, the allegation against the petitioner along with other co-accused persons is that they entered into the house of the informant and started abusing and assaulting him. They also assaulted his family members by

Patna High Court CR. MISC. No.22761 of 2024(2) dt.02-04-2024 2/3 deadly weapons due to which father of the informant sustained injuries and died.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.07.2023. The petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due to dirty village politics. Charge-sheet has already been submitted in this case. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. The specific allegation of assaulting is levelled against co-accused, namely, Nandan Mahto due to which father of the informant sustained severe injuries and died during treatment.

6.

Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case and judicial custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.22761 of 2024(2) dt.02-04-2024 3/3 bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Goraul P.S. Case No. 111 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T