Patna High CourtCR. MISC./36645/2024bail granted

Suraj Kumar @ Suraj Mahto v. The State Of Bihar

2024-07-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36645 of 2024 Arising Out of PS. Case No.-484 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== Suraj Kumar @ Suraj Mahto S/O Sanjay Mahto R/O Vill - Khawaspur (Jalalpur) P.S. - Basantpur (Lakri Nabiganj O.P.), Dist - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 341, 323, 324, 325, 307, 302, 354, 34 of the Indian Penal Code.

3. There is general and omnibus allegation of assault against all the accused persons including this petitioner. Altogether seven persons have been made accused in this case including the females. Four ante-mortem injuries have been found on the dead body of the deceased.

4. It has been submitted by the learned counsel for the petitioner that the post-mortem report does not support the prosecution and similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court. Petitioner is

Patna High Court CR. MISC. No.36645 of 2024(2) dt.12-07-2024 2/2 in jail since 11.07.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge if the charge has not already been framed on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Siwan/concerned Court below in connection with Sessions Trial No. 103 of 2024 arising out of Basantpur (Lakari Nabiganj) P.S. Case No. 484 of 2020 subject to condition that:- 7(i) The petitioner shall cooperate in the trial and shall be properly represented through personally or through his lawyer on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U