Patna High CourtCR. MISC./47177/2022bail granted

Akhilesh Mahato @ Guddu v. The State Of Bihar

2022-12-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47177 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== AKHILESH MAHATO @ GUDDU Son of Late Basant Mahto Resident of Village - barbatta Salempur, P.S.- Musrigharari, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code.

Prosecution case is that the petitioner assaulted the informant with iron rod causing injury on the head. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the present case is counter blast of Musrigharari Police Station Case No. 58 of 2022. Case and counter case and both sides sustained injuries. It is further submitted that there is delay in lodging of the FIR and there is no plausible explanation of delay which itself creates doubt over the prosecution case. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.47177 of 2022(2) dt.08-12-2022 2/2 Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Samastipur in Musrigharari Police Station Case No. 61 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T