Uttam Mahto @ Uttam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34047 of 2024 Arising Out of PS. Case No.-92 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== UTTAM MAHTO @ UTTAM KUMAR SON OF BABULAL KUSHWAHA RESIDENT OF VILLAGE - GADI TELWA, P.S. - SIMULTALLA, DISTRICT - JAMUI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Upendra Kumar, APP For the Informant :
Mr.Jyoti Ranjan Jha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and counsel for the informant.
2. The petitioner seeks regular bail in connection with Simultalla P.S. Case No.92 of 2021 lodged under Sections 147, 148, 149, 341, 323, 324, 325, 326, 302, 307, 447 and 504 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against 19 named accused persons against whom there is allegation that they came at the field of the informant in connivance with each other and started abusing the informant and stopped them not to cut the grain due to which scuffling took place and allegation against four accused persons, namely, Ramdev Mahto, Uttam Mahto (the petitioner), Kishore Mahto
Patna High Court CR. MISC. No.34047 of 2024(2) dt.29-05-2024 2/3 and Suresh Mahto are that they have attacked by Tangi on the Govind Mahto and Mithu Mahto.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the said occurrence took place due to land dispute.
5. Counsel for the petitioner submits that petitioner is in custody since 25.11.2023 having one criminal antecedent in which he is on bail.
6. Counsel also submits that the other co-accused persons have been granted bail by the Co-ordinate Bench of this Court which is annexed as Annexure- 2 series of the bail petition.
7. Learned counsel for the State opposes the prayer for bail.
8. Learned counsel for the informant vehemently opposes the prayer for bail and submits that against the petitioner , there is specific allegation to attack by Tangi and he has one criminal antecedent.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.34047 of 2024(2) dt.29-05-2024 3/3 each to the satisfaction of learned A.C.J.M. II, Jamui in connection with Simultalla P.S. Case No.92 of 2021, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T