Narendra @ Mukesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29836 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== NARENDRA @ MUKESH MAHTO, Son of Shiv Mahto, Resident of Village - Kurwa Mathiya, P.S.- Chanpatiya (Kumarbagh O.P.), Distt.- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have assaulted the son of the informant by Bomboo with intention to kill him and also snatched gold nose pin of his wife and they took out Rs.10,000/- from the pocket of his son.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.29836 of 2021(2) dt.23-07-2021 2/2 case. He further submits that both are neighbours and there is dispute for a ditch (Nala). The occurrence took place on 07.06.2020 and FIR lodged on 12.06.2020 after delay of 05 days and there is no explanation for such delay. The petitioner is languishing in judicial custody since 29.12.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Charge sheet has been submitted in this case. The injury reports shows that the injury is grievous in nature, which is annexed as Annexure-2 of the bail application. Learned APP for the State opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Chanpatiya (Kumarbagh O.P.) P.S. Case No. 267/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T