Patna High CourtCR. MISC./43154/2023bail granted

Awadhesh Mahto v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43154 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- NTPC District- Patna ====================================================== AWADHESH MAHTO Son of Upendra Mahto Resident of village - Raily Bind Toli, P.S. - NTPC, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with NTPC Barh P.S. Case No. 90 of 2022 dated 20.08.2022 registered for the offences punishable under Sections 341, 323, 448, 307 and 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, eight unknown miscreants are alleged to have assaulted the informant while he was on duty. In the meantime, one miscreant fired on the

Patna High Court CR. MISC. No.43154 of 2023(2) dt.21-07-2023 2/2 informant with an intention to kill which hit his chest.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Sumit Kumar @ Jailor Yadav . The petitioner is accused in seven other criminal as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with NTPC Barh P.S. Case No. 90 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T