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Patna High CourtCR. MISC./24263/2022bail granted

Niraj Mahto @ Niraj Kumar @ Niraj Prasad @ Niraj v. The State Of Bihar

2023-01-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24263 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- SAHAJITPUR District- Saran ====================================================== NIRAJ MAHTO @ NIRAJ KUMAR @ NIRAJ PRASAD @ NIRAJ Son of Dhruw Mahto @ Dhruw Prasad Resident of Village - Manopali, P.s.- Sahajitpur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Binod Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 341, 323, 324, 308 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated that the accused persons including the petitioner herein armed with rod, tangi and farsa assaulted the informant and other members of his family who came to save him.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the F.I.R. The petitioner is in custody since 4.3.2022 and has no criminal antecedent. The case of the petitioner stands on a better

Patna High Court CR. MISC. No.24263 of 2022(4) dt.12-01-2023 2/2 footing to that of the five other F.I.R named co-accused who have been enlarged on anticipatory bail vide order dated 11.10.2022 passed in Cr. Misc. no. 24328 of 2022. Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner who is in custody since 4.3.2022 and grant of anticipatory bail to the above referred five F.I.R named accused persons, the petitioner is directed to be enlarged on bail in connection with Sahajitpur P.S. Case no. 194 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist class, Saran at Chapra. (Partha Sarthy, J) avinash/- U T