Gorakh Matho v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16714 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== GORAKH MATHO Son of Kapil Mahto Resident of Village- BrahmpurJalalpur, P.S.- Revelganj, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2020 This case has been heard through video-conferencing. 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 341, 323, 447, 307/34 of the Indian Penal Code. Later on added Section 302 of the Indian Penal Code.
The accusation is that Md. Sohrab Ali, son of the informant was sleeping on Thela in front of his vegetable shop. At that time, seven persons, named in the F.I.R. including the petitioner reached there having rod, lathi in their hands and started to causing injury. Due to sustaining injury blood started oozing out from the mouth and nose, thereafter, his son was rushed to Sadar Hospital, Chapra from where seeing the serious
Patna High Court CR. MISC. No.16714 of 2020(3) dt.11-09-2020 2/3 condition, he was referred to Patna Medical College and Hospital. The cause of occurrence is bursting the crackers in front of the vegetable shop where the son of the informant was sleeping.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He submits that it appears from the F.I.R. that the informant is not the eye witness of the occurrence. Mere on suspicion, he implicated the petitioner and others. More so, after realizing the mistake, informant has filed the compromise petition in the Court of Sri Pramod Ranjan, Judicial Magistrate, 1st Class, Saran at Chapra, to the effect that due to misunderstanding he has disclosed the name of the petitioner in the first information report. He further submits that similarly situated co-accused has been granted the regular bail in Cr. Misc. No. 1969 of 2020 on 23.01.2020.
In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.16714 of 2020(3) dt.11-09-2020 3/3 learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Revelganj Police Station Case No. 345 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) devendra/- U T