← Library
Patna High CourtCR. MISC./32877/2024bail granted

Chandan Kumar Mahto @ Chandan Kumar v. The State Of Bihar

2024-09-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32877 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== 1.

Chandan Kumar Mahto @ Chandan Kumar, aged about 31 years, Male, Son of Ramnandan Mahto, R/o Putaki Shrinagar Dhanbad, P.S. and District - Dhanbad (Jharkhand) 2.

Ujala Kumar Mahto @ Ujala Kumar, aged about 32 years, Male, Son of Ramnandan Mahto, R/o Shrinagar Kusunda Dhanbad, P.S. and District - Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2024 Heard Mr. Pramod Kumar Verma, learned counsel appearing on behalf of the petitioners and Mr. Raj Kishor Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Akbarpur P.S. Case No. 517/2023 registered for the offence(s) punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, petitioners along with other co-accused assaulted the informant, her husband and other family members.

Patna High Court CR. MISC. No.32877 of 2024(3) dt.18-09-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners and informant are own Gotia. The injury sustained, as alleged, is simple in nature. Petitioners have clean antecedents.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the nature of injury, being simple in nature, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 517/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been

Patna High Court CR. MISC. No.32877 of 2024(3) dt.18-09-2024 3/3 stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T