Deepak Kumar @ Deepak Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44035 of 2024 Arising Out of PS. Case No.-438 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== Deepak Kumar @ Deepak Mahto S/o Ram Nath Mahto R/o vill - Khushalpur, P.S. - Dariyapur, Distt. - Saran (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Tej Narayan Singh, Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506, 147, 148 and 34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including this petitioner, were cutting trees from filed of informant and upon protest, they assaulted on head of informant by means of spade.
4. It is submitted by learned counsel appearing on behalf of the petitioner that F.I.R. has been lodged after delay of two months and there is no explanation for the same. It is further submitted that there is no allegation of repetition of assault. Petitioner claims clean antecedents.
Patna High Court CR. MISC. No.44035 of 2024(2) dt.24-07-2024 2/2
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Saran at Chapra, in connection with Dariyapur P.S. Case No. 438 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T