Patna High CourtCR. MISC./27045/2024bail granted

Mantosh Sah v. The State Of Bihar

2024-04-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27045 of 2024 Arising Out of PS. Case No.-191 Year-2023 Thana- JALALPUR District- Saran ====================================================== Mantosh Sah S/O Shiv Charan Sah @ Shiv Chan Sah R/O Madhopur, P.SJalalpur, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jalalpur P.S. Case No. 191 of 2023 instituted for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the informant's son by knife, due to which he sustained injury.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. From the perusal of the Injury report, the doctor opined that the injury sustained on the person of the informant's son is simple in nature. The petitioner is in custody since 30.07.2023 and he has no criminal

Patna High Court CR. MISC. No.27045 of 2024(2) dt.09-04-2024 2/2 antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as 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 the like amount each to the satisfaction of Court below/concerned Court in connection with Jalalpur P.S. Case No. 191 of 2023, Subject to following conditions : (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall co-operate in the trial and shall be properly presented on each and every date fixed by the Court.

(iii) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Arish/- U T