Patna High CourtCR. MISC./32792/2023bail granted

Tanik Mahto v. The State Of Bihar

2023-05-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32792 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== TANIK MAHTO S/o of Ramchandra Mahto Resident of Village- Patelpur, PS- Surajgarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Binay Kumar, Advocate For the Opposite Party/s :

Mr Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Surajgarha Police Station (for brevity, PS) Case No 73 of 2023 dated 08.03.2023 registered for the offence punishable under Sections 323, 353, 337, 338, 307/34 of Indian Penal Code and Section 37 (b) (c) of the Bihar Prohibition and Excise Act.

As per the prosecution case, the petitioner was found

Patna High Court CR. MISC. No.32792 of 2023(2) dt.24-05-2023 2/2 intoxicated.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal cases as stated in paragraph 3 of the bail petition. The petitioner is in custody since 09.03.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV -cumSpecial Judge Court I, Lakhisarai in Surajgarha PS Case No 73 of 2023 dated 08.03.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T