Birendra Mahto @ Virendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48589 of 2021 Arising Out of PS. Case No.-275 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== BIRENDRA MAHTO @ VIRENDRA MAHTO S/o LATE INDRASEN MAHTO R/o VILLAGE-PAKARIYA, P.S-PAHARPUR, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 341, 323, 324, 354, 379, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, the informant states that the petitioner who was armed with lathi, danda and farsa assaulted the informant, his wife and son causing serious injuries.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case due to oblique reasons. No occurrence as alleged has taken place. The manner of occurrence is other that what has been narrated in the FIR. The alleged injuries have been found to be simple in

Patna High Court CR. MISC. No.48589 of 2021(3) dt.21-03-2022 2/2 nature. The petitioner is in custody since 22.3.2021 and chargesheet has been submitted in the case.

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

Having heard learned counsel for the parties and taking into consideration the contents of the injury report wherein the injuries have been found to be simple in nature together with the petitioner having remained in custody for 1 year, the Court directs the petitioner to be enlarged on bail in connection with Paharpur P.S. Case no. 275 of 2019 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 Chief Judicial Magistrate, Motihari, East Champaran.

(Partha Sarthy, J) Bibhash/- U