Rajan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49988 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== RAJAN MAHTO Son of Sri Prayag Mahto Resident of Village - Pakadi Bishauli, P.S.- Gaunaha, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Gaunaha P.S. Case No. 105 of 2021 instituted for the offences under Sections 147, 341, 323, 307, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 06.06.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that on 04.06.2021, at about 7:00 P.M., all the FIR named accused persons including the petitioner started assault with lathi, danda, brick and stone, Prayag Mahto assaulted the informant with brick due to which
Patna High Court CR. MISC. No.49988 of 2021(2) dt.29-01-2022 2/3 he sustained head injury and blood started oozing and when the son of the informant came to save him then they also assaulted and Rajan Mahto (petitioner) assaulted Ranjana Devi with bricks as a result of which she sustained grievous head injury and on hulla villagers came and brought them to the hospital for treatment.
Learned counsel for the petitioner submits that the occurrence took place on a trivial issue for fixing electricity wire through bamboo. Learned counsel further submits that this is even assuming what has been alleged in the FIR is true then both sides suffered injury and this is the first offence of the petitioner.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and it is its first offence and the assault as per allegation is not repeated and the opinion of the doctor with regard to the injury is still reserved, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah,
Patna High Court CR. MISC. No.49988 of 2021(2) dt.29-01-2022 3/3 West Champaran in connection with Gaunaha P.S. Case No. 105 of 2021.
(Satyavrat Verma, J) Kundan/- U T