Ram Avatar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34632 of 2022 Arising Out of PS. Case No.-619 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ram Avatar Mahato Son Of Late Ramanand Mahto R/O- Vill- Gheghtaganj P.S.- Chapra Mufassil, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chapra Mufassil P.S. Case No. 619 of 2021 lodged under Sections 341, 323, 324, 307, 504/34 of the I.P.C. As per the prosecution case, the occurrence took place on 09.10.2021 in which the allegation was that the informant has attacked in the stomach of his son, in result he become injured and subsequently other persons have also visited, then the accused persons fled away. In this case, there were 3 persons were made accused including the present petitioner. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.34632 of 2022(2) dt.16-11-2022 2/3 petitioner is innocent and has committed no offence. He further submits that for the occurrence dated 09.10.2021, there are case and counter case from both the sides. He further submits that injuries took place from both the sides and both the parties injured. Learned counsel further submits that both are neighbourers and due to petty issue, the dispute took place between both the sides. He also submits that petitioner is in custody since 18.01.2022 having 2 criminal antecedent. In one case he is on bail and in another case he has been acquitted. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 619 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.34632 of 2022(2) dt.16-11-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T