Hareram Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47614 of 2024 Arising Out of PS. Case No.-34 Year-2023 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Hareram Mahto Son of Raghuvir Mahto Village -Rampur khora PS -Udakishunganj District -Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Barun Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for regular bail in a case registered for the offence punishable under sections 307, 34 of the Indian Penal Code and Sections 25(1B)a, 27 of Arms Act which was earlier dismissed as withdrawn with a direction to conclude the trial within a period of six months.

3. As per prosecution case, allegation against the petitioner is of opening fire upon the son of the informant namely, Sanjay Kumar due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted vide

Patna High Court CR. MISC. No.47614 of 2024(2) dt.19-07-2024 2/2 para 11 & 13 of the petition that during pendency of the matter before the learned court below the matter has been compromised between the parties. During course of re-cross examination, the prosecution witnesses have not supported their earlier version. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 9.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udakishunganj P.S. Case No. 34 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIII, Madhepura. (Sunil Kumar Panwar, J) amandeep/- U T