Nageshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18058 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== NAGESHWAR MAHTO S/o Ram Sundar Mahto Resident of Village- Gadi Telwa, P.S.- Simultala, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 302, 307 & other allied sections of the Indian Penal Code.

As per the prosecution case, all the F.I.R. named accused persons assaulted informant and his brother by lathi, danda and iron rod, as a result of which, brother of informant sustained injury and fell down and thereafter, this petitioner is alleged to have assaulted the brother of informant by lathi. It is submitted on behalf of petitioner that there is no specific allegation of assault against this petitioner. Specific allegation of assault is against other co-accused persons and this petitioner has been falsely implicated in this case due land dispute. It is further submitted that as per F.I.R., petitioner and 19 other co-accused persons assaulted the deceased, but the doctor has found only five injury on the person of deceased.

Patna High Court CR. MISC. No.18058 of 2022(2) dt.25-05-2022 2/2 Petitioner is in custody since 05.12.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. 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 A.D.J. 3rd, Jamui in connection with Simultala P.S. Case No. 92 of 2021. (Prabhat Kumar Singh, J) anay/- U T