Suresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30299 of 2023 Arising Out of PS. Case No.-421 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Suresh Mahto Son Of Late Shiv Nath Mandal @ Shiv Nath Mahto R/O-Gaya Ghat, Dhanuk Tola, P.S.-Harsidhi, Distt.-East Champaran, Motihari ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 324, 325, 307, 353, 332, 333, 427, 337, 338, 151, 152, 186, 504 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, 38 named including petitioner and 70 unknown persons assaulted Chowkidars and police personnel with lathi, danda, bricks, stone, due to which Chowkidar Tapsir Alam Khan sustained injury on his head.
4. It is submitted that there is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against this petitioner.
Patna High Court CR. MISC. No.30299 of 2023(2) dt.17-07-2023 2/2 Petitioner claims clean antecedents.
5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 421 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T