Ram Gulam Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58476 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- GORAUL District- Vaishali ====================================================== RAM GULAM MAHTO SON OF LATE MAHURI MAHTO RESIDENT OF VILLAGE- RAMDASPUR, PS- GORAUL, DIST- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Shankar Das For the Opposite Party/s :
Mr. Madan Kumar Mr. Gautam Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 302, 325, 504, 34 of the Indian Penal Code.
3. The allegation against the petitioners is that they along with other co-accused persons entered the house of the informant and started abusing him. They also assaulted the informant and his family members by means of deadly weapons.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He
Patna High Court CR. MISC. No.58476 of 2023(4) dt.18-01-2024 2/3 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that the specific allegation is against the co-accused Nandan Mahto. He further submits that the similarly situated co-accused persons have been granted bail by this Court vide order dated 12.12.2023 passed in Cr. Misc. No.78355 of 2023. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that as per the post-mortem report several injuries were found on the deceased and the petitioner is also involved in the present case.
6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, 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
Patna High Court CR. MISC. No.58476 of 2023(4) dt.18-01-2024 3/3 below where the case is pending/Successor Court in connection with Goraul P.S. Case No.111 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T