Mithun @ Bokka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44152 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- NTPC District- Patna ====================================================== 1.

Mithun @ Bokka Son Of Sitaram Mahto R/O- Village- Raily Bind Toli, P.S.- Ntpc, District- Patna 2.

Rambabu @ Changuria Son Of Late Arbind Mahto R/O- Village- Raily Bind Toli, P.S.- Ntpc, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with NTPC P.S Case No. 10 of 2024 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504, 506 of the I.P.C and Section 27 of Arms Act.

3. Allegation against the petitioners is to have assaulted the informant brutally by means of firearms, lathi, danda, etc.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is next submitted that a dispute was running between informant and one Nirdhan Mahto not with the petitioners. It is further submitted that there is no specific allegation against the petitioners rather general and omnibus allegations has been levelled against him.

Patna High Court CR. MISC. No.44152 of 2024(3) dt.08-10-2024 2/2 It is next submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 24.04.2024 passed in Cr. Misc. No. 30494 of 2024. It is also submitted that petitioners are in judicial custody since 16.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary, injury report and impugned order it appears that, two persons sustained only one injury on the body, namely, Dinesh Mahto and Uday Mahto and the said injuries are simple in nature further co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 24.04.2024 passed in Cr. Misc. No. 30494 of 2024.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Barh, Patna in connection with NTPC P.S Case No. 10 of 2024. (Ramesh Chand Malviya, J) Mayank/- U T