Mahesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26841 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Mahesh Das Son Of Late Jadu Das Resident Of Village- Chandrahiya, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 170 of 2023 dated 27.02.2023, instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 27.02.2023 at about 08:00 am, co-accused person including petitioner came with lathi, danda, garasi and assaulted informant's brother and uncle and thereafter snatched gold chain of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It
Patna High Court CR. MISC. No.26841 of 2023(2) dt.24-05-2023 2/2 is further submitted that the petitioner is simply a victim of false implication in the case due to land dispute which is counter blast to Muffasil P.S. Case no. 171 of 2023. Learned counsel for the petitioner further submitted that it is evident from the injury report which shows that the injury is simple in nature. Lastly, it has been submitted that the petitioner is in custody since 27.02.2023 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in Muffasil P.S. Case No. 170 of 2023.
(Khatim Reza, J) Sankalp/- U T