Daroga Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36449 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- NAYAGAON District- Saran ====================================================== DAROGA MAHTO Son of Ramnath Mahto Resident of Village- Dumari Bujurg, P.S.- Nayagaon, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, over a dispute relating to construction of terrace between the parties, it is stated that the 10 named accused persons including the petitioner herein assaulted the husband of the informant who died in course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case which would be evident from perusal of the postmortem report. Inspite of allegations of assault by 10 accused persons including the

Patna High Court CR. MISC. No.36449 of 2021(2) dt.24-12-2021 2/2 petitioner herein, no external injury has been found in the postmortem of the deceased. The allegations are general and omnibus in nature. The petitioner is in custody since 29.12.2020 and has no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations in the FIR together with the contents of the post mortem report, the petitioner having remained in custody for about 1 year and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Nayagaon P.S. Case no. 27 of 2020 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 A.C.J.M-VI, Saran at Chapra.

(Partha Sarthy, J) Prakash/- U