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Patna High CourtCR. MISC./44953/2022allowed

Ram Uchit Mahto @ Achit Mahto v. The State Of Bihar

2022-12-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44953 of 2022 Arising Out of PS. Case No.-240 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== Ram Uchit Mahto @ Achit Mahto Son Of Jawahir Mahto R/O VillageShankar Saraiya, Kasba Tola, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 332, 333, 307, 353 and 34 of the Indian Penal Code. The petitioner along with other co-accused

Patna High Court CR. MISC. No.44953 of 2022(2) dt.01-12-2022 2/3 surrounded the informant and started assaulting and abusing him.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. He submits that petitioner is named in the FIR but there is no specific overt act against the petitioner. He submits that there is specific allegation against co-accused Raju Shah and Shyam Bihari Mahto, who has already been granted bail by co-ordinate Bench of this Court vide order dated 27.11.2017 passed in Criminal Miscellaneous No. 55290 of 2017. He submits that there is general and omnibus allegation leveled against the petitioner. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Turkauliya P.S. Case No.

Patna High Court CR. MISC. No.44953 of 2022(2) dt.01-12-2022 3/3 to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) guddukr/- U T