Bhola Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29315 of 2024 Arising Out of PS. Case No.-469 Year-2023 Thana- EKMA District- Saran ====================================================== Bhola Mahto Son Of Daya Mahto Resident Of Village- Rajapur, Ps- Ekma, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Ekma P.S. case No. 469 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 504, 507, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that petitioner along with other co-accused persons assaulted the son of the
Patna High Court CR. MISC. No.29315 of 2024(2) dt.30-04-2024 2/3 informant. It is further alleged that this petitioner assaulted the informant's son on his head with fasuli due to which he sustained injuries.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that both the parties are agnates and there is some previous land dispute between them. He further submitted that no any person was assaulted by any weapon and, in fact, victim himself sustained head injuries as he accidentally fell into a ditch. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.11.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that the injury sustained by the informant's son is grievous in nature.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and nature of allegation, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.29315 of 2024(2) dt.30-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Ekma P.S. case No. 469 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T