Durga Mahto @ Durga Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46940 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- MANPUR District- West Champaran ====================================================== DURGA MAHTO @ DURGA KUMAR S/o Rajbanshi Mahto @ Bansi Mahto R/o- Bhatuhwa, P.S.- Manpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Manpur P.S. Case No. 16 of 2022, registered for the offences punishable under Sections 323, 324, 342, 354(B), 307, 379, 447, 506 and 34 of the Indian Penal Code. The learned counsel for the petitioner has submitted that there is case and counter case. There is no specific allegation on the petitioner to inflict assault on the injured, rather it is against co-accused, Ramesh Matho. The

Patna High Court CR. MISC. No.46940 of 2022(2) dt.30-11-2022 2/3 allegation against the petitioner is general and omnibus and he is a person of clean antecedent. He is under custody since 26.03.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Manpur P.S. Case No. 16 of 2022 subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned

Patna High Court CR. MISC. No.46940 of 2022(2) dt.30-11-2022 3/3 hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T