Patna High CourtCR. MISC./39238/2022bail granted

Baiju Mahto @ Baiju Kumar v. The State Of Bihar

2022-11-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39238 of 2022 Arising Out of PS. Case No.-154 Year-2022 Thana- DIGHA District- Patna ====================================================== Baiju Mahto @ Baiju Kumar Son of Shri Sukh Lal Mahto Resident of School Road, Near BSNL office, Ramji Chak, PS- Digha, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyajeet Pandey For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, this petitioner along with others armed with lathi, danda and iron rod assaulted the informant and others and also made firing.

It is submitted that allegation of assault is general and omnibus. The genesis of alleged occurrence is land dispute between the parties. No specific overt act has been alleged against this petitioner. Injuries caused to the injured are simple in nature except one injury which is not on the vital part of the

Patna High Court CR. MISC. No.39238 of 2022(2) dt.23-11-2022 2/2 body. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Chief Judicial Magistrate II, Digha, Patna in connection with Digha P.S. Case No. 154 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T