Bhishm Kumar @ Bhishm Mahto @ Bhishan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39573 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Bhishm Kumar @ Bhishm Mahto @ Bhishan Mahto SON OF Indrajeet Mahto BHAKHTIYARPUR, P.S. CHAKMEHSI DIST - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Chakmehsi P.S. Case No.192 of 2023 registered for the offence under Sections 341, 323, 324, 307, 326, 354B, 379/34 of the Indian Penal Code.

3.

Allegation against the petitioner is to have assaulted the informant and also thrown Acid upon her. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that it appears from perusal of FIR that the only allegation as regard to disrobing has been levelled against this petitioner and no

Patna High Court CR. MISC. No.39573 of 2024(2) dt.12-07-2024 2/3 allegation as regard to assault as well as throwing acid upon the informant has been levelled. It is also submitted that similarly situated co-accused persons have already been granted bail by this Court through Cr. Misc. No. 25080 of 2024 on 08.04.2024. It is further submitted that petitioner is in custody since 18.03.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Chakmehsi P.S. Case No.192 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class-cum-Additional Munsif, Samastipur.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.39573 of 2024(2) dt.12-07-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T