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Patna High CourtCR. MISC./39325/2022bail granted

Brij Mohan Mahto @ Brij Mohan Kumar v. The State Of Bihar

2022-11-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39325 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== BRIJ MOHAN MAHTO @ BRIJ MOHAN KUMAR S/o Ramshwaroop Mahto R/o village- Bagawara, P.S.- Kathaiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Kathaiya P.S. Case No. 80 of 2021, registered for the offences punishable under Sections 447, 448, 323, 307, 506, 504/34 of the I.P.C.

The allegation against the petitioner is that he inflicted knife blow at the abdomen of the informant.

Learned counsel for the petitioner has submitted that both the parties are co-villagers and there was an altercation between them on trivial issue. The injury is opined as simple in nature. The petitioner is under custody since 08.04.2022.

Patna High Court CR. MISC. No.39325 of 2022(2) dt.03-11-2022 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV (West), Muzaffarpur in connection with Kathaiya P.S. Case No. 80 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-sonali U T