Patna High CourtCR. MISC./40552/2024bail granted

Upendra Mahto v. The State Of Bihar

2024-07-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40552 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== Upendra Mahto Son of Lakhan Mahto Resident of Village- Sobhan Tara, P.SKhanpur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed this application for grant of regular bail in connection with Sessions Trial no.708 of 2023 (arising out of Khanpur P.S. Case no.166 of 2023) registered under sections 307, 379, 354, 341, 323, 324, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and others are said to have come variously armed and Upendra Mahto, the petitioner herein is said to have assaulted the brother of the informant on his head with an iron rod.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 17.10.2023 passed in Cr. Misc. no.66672 of 2023 giving liberty to the petitioner to renew his prayer for bail after six

Patna High Court CR. MISC. No.40552 of 2024(2) dt.15-07-2024 2/2 months. It has been more than six months since the said order of rejection on 17.10.2023 and the petitioner has remained in custody for almost one year since 19.7.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the observation given to the petitioner in the earlier order of rejection dated 17.10.2023 and the petitioner having remained in custody for almost 1 year since 19.7.2023, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.708 of 2023 (arising out of Khanpur P.S. Case no.166 of 2023) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, District Samastipur.

(Partha Sarthy, J) Saurabh/- U T