Binod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49661 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== BINOD KUMAR MAHTO S/o Late Uttim Lal Mahto R/o village- Nawani (Dhepura), P.S.- Jhanjharpur (A.S. O.P.), District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raj Kumar Mahto S/o Late Uttim Lal Mahto R/o village- Nawani (Dhepura), P.S.- Jhanjharpur (A.S. O.P.), District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 147, 149, 323, 324, 341, 354, 504 and 506/34 of the Indian Penal Code.

The petitioner along with others are said to have abused and assaulted and thrown on surface, the wife of the informant. It was further alleged that co-accused Lalan Kumar outraged the modesty of his wife and tore her blouse and further other co-accused, Madhav Kumar attacked the wife of the informant with khanti on h er chest and broken her teeth and jaw causing bleeding.

Patna High Court CR. MISC. No.49661 of 2021(3) dt.24-03-2022 2/3 Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. He further submits that the petitioner and the informant is own brother. He further submits that the allegation of assault is attributed to co-accused, Lalan Kumar and Madhav Kumar. He further submits that no specific allegation of assault is attributed to the petitioner. The petitioner is rotting in judicial custody since 04.06.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jhanjharpur (A.S. O.P.) P.S. Case No. 104 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.49661 of 2021(3) dt.24-03-2022 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T