Uttam Mochi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20041 of 2022 Arising Out of PS. Case No.-89 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== Uttam Mochi Son Of Preman Das, R/O Village- Rawaich, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 89 of 2021 lodged under Sections 341, 323, 324, 379 and 308/34 of the Indian Penal Code. The prosecution case is that when the informant alongwith his family members were sitting at his house then all of a sudden, Uttam Mochi alongwith others reached there and attacked with weapons, in result injury took place to the informant's side and the present case has been lodged. Learned counsel for the petitioner submits that specific allegation against the petitioner is to attack on the head of Sanjeev Mochi, in result injury took place but he further submits that the learned lower court in the rejection order has categorically specified going through the case diary that injury caused by the present petitioner to the Sanjeev Kumar is simple
Patna High Court CR. MISC. No.20041 of 2022(2) dt.21-07-2022 2/2 in nature. He further submits that present petitioner is in custody since 07.12.2021 and charge sheet has already been filed in this case. He further submits that the other co-accused persons namely, Vikash Kumar, Laxman Mochi and Prahlad Mochi were granted bail by the Co-ordinate Bench of this Court vide order dated 24.05.2022, 25.05.2022 and 15.06.2022 passed in Cr. Misc. No. 5202 of 2022, Cr. Misc. No.6117 of 2022 and Cr. Misc. No. 10078 of 2022 respectively.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 89 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) ravishankar/- U T