Sukhdeo Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36304 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- BARAULI District- Gopalganj ====================================================== Sukhdeo Mahato S/o Jagesh Mahto R/o Village- Rampur, P.S.- Sidhavaliya, Dist.- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barauli P.S. Case No. 55 of 2025 instituted for the offence under Sections 126(2), 115(2), 117(2), 118(1), 109(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per prosecution case, accusation against the petitioner is of assaulting the father of the informant by means of Shipwa (Bamboo).

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-02-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.36304 of 2025(2) dt.18-06-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is delay of two days in lodging the FIR. Informant is not the eye witness to the occurrence. It is submitted by the petitioner's counsel that petitioner assaulted the father of the informant by means of bamboo and the injury is allegedly found to be grievous in nature, which fact is evident from the impugned order. Learned counsel for the petitioner lastly submits that police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barauli P.S. Case No. 55 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.36304 of 2025(2) dt.18-06-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T