Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32922 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== UMESH MAHTO S/O LATE CHULHAI MAHTO R/O VILLAGERAMPUR ASLI, P.S-SAHEBGANJ, DISTRICT-MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2021 Heard Ms. Bela Singh, learned counsel for the petitioner and Mr. Anil Prasad Singh, Additional Public Prosecutor for the State via video conferencing. Petitioner seeks regular bail in connection with Sahebganj PS Case No. 290/2020 registered for the offences punishable under Sections 341, 342, 447, 325, 307, 506, 34 of the IPC.

The allegation, as per First Information Report, is that while son of the informant was returning from grocery shop, he was accosted by the petitioner and other accused persons named in the FIR who assaulted him brutally, as a result of which, his jaw was fractured.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there is a delay of three days in lodging of the FIR as the

Patna High Court CR. MISC. No.32922 of 2021(2) dt.17-12-2021 2/2 occurrence took place on 06.04.2020 but the FIR has been lodged on 07.06.2020 without any explanation. Learned counsel further submits that both the parties are co-villagers and there is previous enmity between them.

Learned counsel next submits that petitioner is in custody since 23.01.2021.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are co-villagers and the allegation against the petitioner is general and omnibus in nature, petitioner is in custody since 23.01.2021 and the charge-sheet, in the matter, has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, UMESH MAHTO be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st West Muzaffarpur in connection with Sahebganj PS Case No. 290/2020 (GR No. 1856/20).

(Anil Kumar Sinha, J) perwez U T