Ganesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20382 of 2020 Arising Out of PS. Case No.-111 Year-2015 Thana- WARISNAGAR District- Samastipur ====================================================== GANESH MAHTO, Son of Vaidhnath Prasad Singh @ Vaidhnath Mahto, Resident of Village - Sari (Muktapur), P.S.- Warisnagar (Mathurapur O.P.), District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. II, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defect within two 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 147, 148, 149, 341, 323, 324, 307, 325 of the Indian Penal Code.

Prosecution case in brief is that as per FIR, the informant being an Auto rickshaw driver was going to carrying patient and when he reached near Muktapur Railway Station, some persons pressurized him to carry patient at Sadar Hospital,

Patna High Court CR. MISC. No.20382 of 2020(3) dt.01-09-2020 2/2 Samastipur, when he refused then he was being brutally assaulted by the accused persons.

It has been submitted on behalf of the petitioner that on conclusion of investigation, on the basis of statement of the independent witness, the police has filed a final form and the court below has taken cognizance against the petitioner. It has been further submitted that the petitioner is in custody since 20.02.2020 and has got no criminal antecedent. Learned APP for the State has opposed the prayer for bail.

Considering the aforesaid facts and circumstances, 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 Warisnagar (Mathurapur O.P.) P.S. Case No. 111/2015 to the satisfaction of the learned Chief Judicial Magistrate, Samastipur. (Anjani Kumar Sharan, J) amitkumar/- U T