Patna High CourtCR. MISC./51088/2023allowed

Surendra Mahto v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51088 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Surendra Mahto Son Of Ram Dhayan Bind Resident Of Village- Barahpur, Bind Toli,Ps- Mokama, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307/34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that the petitioner along with other co-accused persons assaulted him as a result of which he sustained injuries. The alleged occurrence took place in the background of dispute of D.J. Dance.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics and personal grudge. From perusal of FIR, it appears that no specific

Patna High Court CR. MISC. No.51088 of 2023(2) dt.11-08-2023 2/2 overt-act of assaulting against the petitioner rather general and omnibus allegation leveled against him. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 11.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mokama P.S. Case No. 155 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh, DistrictPatna. (Sunil Kumar Panwar, J) Amandeep/- U T