Guddu Kumar @ Guddu Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19432 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== Guddu Kumar @ Guddu Kumar Mahto Son Of Late Babulal Mahto @ Late Babulal Sawrah Resident Of Village- Sani Baghi, P.S.- Basantpur, DisttSiwan, P/A- At House No. 90/656, Jhanjra Colony, Nabin Pally, Durga Mandir, Jhanjra, P.S.- Laudoha, Dist- Barddhaman, West Bengal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivnandan Bharti, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Basantpur P.S. Case No. 372 of 2023 for the offences registered under Sections 341, 323, 324, 326, 307, 379, 385, 354(B), 504, 506, 34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code has been added.
3. It is alleged in the prosecution case that on the date of occurrence petitioner along with F.I.R. named accused persons and 10-11 unknown persons armed with deadly weapons came and demanded rangdari of Rs. 5000/- per day from the informant. On protest, petitioner assaulted the younger brother of informant causing injury on his head. Other accused
Patna High Court CR. MISC. No.19432 of 2024(4) dt.02-08-2024 2/3 persons also assaulted the family members of the informant. It is alleged that brother of the informant died during course of treatment.
4. Learned counsel for the petitioner submits that petitioner is innocent. He has falsely been implicated in this case due to ulterior motive and dirty village politics. He has committed no offence. Petitioner is of 22 years having no criminal antecedent. He is in custody since 25.07.2023. Chargesheet has already been submitted and the Court concerned has framed charge in this case. There is no chance of tampering of the evidence or absconding the petitioner. Petitioner is ready to co-operate in the trial. It is submitted that similarly situated coaccused persons, namely Dipu Kumar @ Dipu Kumar Mahto and Deepak Kumar @ Deepak Kumar Mahto have already been granted bail by this Court, vide order dated 26.04.2024 passed in Cr. Misc. No. 22682 of 2024.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
Patna High Court CR. MISC. No.19432 of 2024(4) dt.02-08-2024 3/3 two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Basantpur P.S. Case No. 372 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T