Chintu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40042 of 2024 Arising Out of PS. Case No.-272 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== Chintu Mahto Son of Prem Kumar @ Prem Kumar Prabhakar R/O Vill.- Jhargao, P.S.- Islampur, Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant and is a young boy aged about 20 years. It is next submitted that police after threadbare investigation came to a considered conclusion that petitioner is an innocent and thus submitted final form exonerating the petitioner of the charges but then the learned Magistrate differing with the police report took cognizance. It is next submitted that when one investigating agency after
Patna High Court CR. MISC. No.40042 of 2024(2) dt.25-06-2024 2/2 threadbare investigation exonerated the petitioner of the allegations as alleged in the FIR and based on the same investigation cognizance came to be taken, whether it would be prudent for the court to sent the petitioner to jail who is a young boy.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Islampur P.S. Case No. 272 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T