Birendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37682 of 2023 Arising Out of PS. Case No.-484 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== BIRENDRA MAHTO S/O SAMRAJ MAHTO R/O Village- Khwaspur PS. Basantpur (OP Lakdi Naviganj ) Dist. Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Basantpur P.S. Case No. 484 of 2020, registered for the offences punishable under Sections 341, 323, 325, 307, 302, 354, 34 of the I.P.C.

As per allegation, 8 FIR named accused persons equipped with sabal, kudal, etc dismantled the water supply pipe of the informant and also assaulted her family members. Her grandfather-in-law became injured and he died in way to the hospital.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.37682 of 2023(2) dt.03-07-2023 2/3 this case. The allegation is general and omnibus. He is a person of clean antecedent. He has submitted further that he is not the family member of the accused person rather he is son-in-law (damad) of that house. He has also submitted that on exactly similar footing, two co-accused Pramila Devi and Geeta Devi have been granted bail in Cr. Misc. No. 28922 of 2021 and 42919 of 2021 respectively. The petitioner is under custody since 27.02.2023.

Considering the above-mentioned facts and circumstances, as well as clean antecedents of the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 484 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the

Patna High Court CR. MISC. No.37682 of 2023(2) dt.03-07-2023 3/3 learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/- U T