Bharat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20631 of 2024 Arising Out of PS. Case No.-273 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Bharat Mahto (Male), aged about 28 years, Son of Lakhan Mahto, Resident of Village- Hirni, P.S. -Kusheshwar Asthan, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Abdus Shakoor, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Heard Dr. Abdus Shakoor, learned counsel appearing on behalf of the petitioner and Mr. Khurshid Anwar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kusheshwar Asthan P.S. Case No. 273 of 2022 registered for the offence punishable under Sections 341, 324 and 307 of the Indian Penal Code.

3. As per the allegation made in the FIR, all the accused persons named therein including the petitioner, had assaulted the son of the informant with a common intention to kill him, due to which, he had sustained injuries.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and have falsely

Patna High Court CR. MISC. No.20631 of 2024(2) dt.02-04-2024 2/3 been implicated in the present case. As per the opinion of the doctor, injuries sustained by the son of the informant are simple in nature and not on the vital part of the body. There is case and counter case between the parties. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR against the petitioner and as per the opinion of the doctor, injuries sustained by the son of the informant are simple in nature and are not on the vital part of the body. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Biroul, Darbhanga, in connection with Kusheshwar Asthan P.S. Case No. 273 of 2022, subject to the condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.20631 of 2024(2) dt.02-04-2024 3/3 the Cr.P.C.

8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T