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Patna High CourtCR. MISC./58909/2023allowed

Birendra Mahto @ Birendra Singh v. The State Of Bihar

2024-03-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58909 of 2023 Arising Out of PS. Case No.-415 Year-2021 Thana- MANJHI District- Saran ====================================================== BIRENDRA MAHTO @ BIRENDRA SINGH S/O VIKRAM MAHTO R/O VILLAGE- KAURU DHAURU, P.S- MANJHI, DISTT.- SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504 & 506 of the Indian Penal Code.

3. The petitioner in association of other co-accused is said to have assaulted the informant and other members of the informant side.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that as per the F.I.R. the petitioner is the order giver and there is general and omnibus

Patna High Court CR. MISC. No.58909 of 2023(4) dt.07-03-2024 2/2 allegation against him. Both sides have sustained injury in the occurrence and the injury is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 below where the case is pending/successor Court in connection with Manjhi P.S. Case No. 415 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T