Patna High CourtCR. MISC./43241/2023bail granted

Brijkishore Mahto v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43241 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== BRIJKISHORE MAHTO SON OF LATE BACHU MAHTO RESIDENT OF VILLAGE -MAHUAWA, PS- CHIRAIYA, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. 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 Chiraiya P.S. Case No. 124 of 2023 dated 15.3.2023 registered for the offence punishable u/s 341, 323, 307, 354B, 379, 504, 506, 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and her family members with lathi, fatta and rod. Further, the petitioner snatched the mangalsutra of Rina Devi and tore her blouse.

Patna High Court CR. MISC. No.43241 of 2023(2) dt.25-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The injury is simple in nature. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.4.2023.

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, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 124 of 2023.

8. The application stands allowed.

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