Patna High CourtCR. MISC./19106/2024bail granted

Pramod Mahto @ Pramod Kumar Mahto v. The State Of Bihar

2024-06-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19106 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Pramod Mahto @ Pramod Kumar Mahto S/o Ram Prakash Mahto R/o Vill - Khajuri Tole Chakahledar, Ward No. 13, P.S. - Gaaho (Ghataho), Dist. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarairanjan (Ghataho) P.S. Case No. 351 of 2023 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and under Sections 25(1B)a, 26, 27, 35 of the Arms Act.

3. As per the prosecution case, the petitioner is the assailant of the victim and the shot fired by the petitioner, hit the victim.

4. Learned counsel for the petitioner that though the petitioner is the assailant of the victim but the shot fired by him did not hit the victim on his vital part of the body and

Patna High Court CR. MISC. No.19106 of 2024(3) dt.28-06-2024 2/2 therefore he may be granted bail. He further submits that the occurrence took place because of the land dispute between the parties.

5. Learned counsel for the petitioner further submits that the petitioner is in custody since 20.12.2023.

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Samastipur in connection with Sarairanjan (Ghataho) P.S. Case No. 351 of 2023.

8. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U T