Yogendra Mahto @ Jogindra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29364 of 2020 Arising Out of PS. Case No.-137 Year-2018 Thana- BAUSI District- Araria ====================================================== Yogendra Mahto @ Jogindra Mahto aged about 36 years S/o Sri Lal Mahto Resident of Village-Farkiya Ward No.10, P.S.-Bousi, District-Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nirmal Kr.Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State through video conferencing.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 506/34 and other ancillary sections of the Indian Penal Code.

Prosecution's case, in brief, is that the petitioner and other accused persons, all named in the FIR, came to the house of the informant with arms and abused her and on protest they assaulted her and snatched cash Rs.4000/-.

Learned counsel for the petitioner submits that the present case has been lodged in respect of the occurrence which allegedly took place on 09.10.2018. There are general and omnibus allegation against the accused persons. It is submitted

Patna High Court CR. MISC. No.29364 of 2020(2) dt.11-12-2020 2/2 that the F.I.R. for the alleged occurrence has been lodged after about 12 days on 21.10.2018 only to falsely implicate the petitioner for the reason that one of the accused persons had lodged one F.I.R. against the informant's side on 16.10.2018 for an occurrence which had taken place on 10.10.2018. Petitioner has got no criminal antecedent.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Ist Class, Araria in Bousi Police Station Case No. 137/2018(GR No.3344/2018), subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T