Rajendra Mahto @ Rajendra Prasad @ Doma Mahto @ Doma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48152 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- ROH District- Nawada ====================================================== RAJENDRA MAHTO @ RAJENDRA PRASAD @ DOMA MAHTO @ DOMA S/O SUKHDEV MAHTO R/O VILLAGE- ANAILA, P.S- ROH, DISTT.- NAWADA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-09-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 504, 307 and 325/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 18.04.2024.
4. The informant is the owner of a cement shop and the petitioner is alleged to have purchased cement from his shop on account of which a dispute had arisen with regard to the payment on which an altercation took place and it is alleged that petitioner assaulted the brother of the informant causing injury
Patna High Court CR. MISC. No.48152 of 2024(2) dt.21-09-2024 2/3 on his head by a Jaranda.
5. Learned counsel for the petitioner submits that no doubt, the allegation of assault is alleged is on the head and the injury suffered by the injured is grievous in nature but then the blow was not repeated. It is further submitted that on account of dispute relating to payment of purchase of cement, the occurrence is alleged to have taken place. It is next submitted that petitioner is not a criminal and may be on the spur of the moment the occurrence took place. It is also submitted that charge-sheet has been submitted as such the petitioner will not abscond, if bail is granted and will cooperate in the trial to prove his innocence.
6. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposed the prayer for regular bail of the petitioner and submits that on account of assault the injured suffered grievous injury and he was treated at CNS and some ailment was found in the ear also on account of the assault for which the petitioner is taking treatment at Ganga Ram Hospital, but then is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that petitioner is a person with clean antecedent and is not a criminal and the blow was not repeated.
Patna High Court CR. MISC. No.48152 of 2024(2) dt.21-09-2024 3/3
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to 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 Court below where the case is pending in connection with Roh P.S. Case No. 06 of 2024.
8. However, if the learned trial court comes to a conclusion that petitioner, after his release on bail, is trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Kundan/- U T