Patna High CourtCR. MISC./45318/2024bail granted

Dinesh Mahto v. The State Of Bihar

2024-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45318 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== DINESH MAHTO S/O RAMAYAN MAHTO R/O VILLAGE- GAMHARI, P.S- BAIKUNTHPUR, DISTT.- GOPALGANJ, BIHAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. Dr. Indiwar Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Majhaulia P. S. Case No. 749 of 2023 in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(B) and 34 of the Indian Penal Code .

3 . As per the prosecution case, this petitioner assaulted informant by means of bamboo due to which informant sustained multiple injuries.

4. Learned counsel for the petitioner submits that both the parties are agnates and due to land dispute , this petitioner has falsely been implicated in this case . The alleged incidence is said to have been taken place on 13.02.2024 but the instant F.I.R., has been loidged on 26.02.2024 i. e ,. after the lapse of 13

Patna High Court CR. MISC. No.45318 of 2024(3) dt.31-08-2024 2/2 days for which there is no plausible explanation which itself creates doubt over the entire prosecution case . Petitioner is in custody since 14.03.2024. Charge-sheet has already been submitted. Petitioner claims clean antecedent. 5 . Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the fact that petitioner claims clean antecedent and his period of custody and there is 13 days delay in lodging the F.I.R., the bail application is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P. S. Case No. 50 of 2024 .

(Prabhat Kumar Singh, J) Koushik/- U T