Santosh Mahto @ Santosh Kumar Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51705 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Santosh Mahto @ Santosh Kumar Kushwaha Son of Jagat Mahto Resident of Vill- Barwa Sheikh, Ward No.13, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in the present case registered for the offence under Sections 341, 323, 324, 379, 307, 504, 506, 34, 354B of the Indian Penal Code.
3. As per the prosecution case, the petitioner is accused of assaulting the victim with Farsa causing injury.
4. Learned counsel for the petitioner submits that though the allegation is of assaulting with Farsa, but the injury has been caused by hard and blunt substance which falsify the prosecution case. It is not the case of the prosecution that the victim was assaulted by the blunt side of Farsa. Petitioner is in custody since 26.04.2024 and has clean antecedent.
5. Learned A.P.P. has vehemently opposed the
Patna High Court CR. MISC. No.51705 of 2024(2) dt.07-08-2024 2/2 prayer for bail.
6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned Court below in connection with Lauriya P.S. Case No. 119 of 2024.
8. This application stands allowed.
(Sandeep Kumar, J) Shishir/- U T