Dharmpal Mahton @ Dharmpal Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62100 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== DHARMPAL MAHTON @ DHARMPAL MAHATO S/o Late Charan Mahton Resident of Village- Harichak, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Arjun Prasad For the Opposite Party :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Bhagwanpur P.S. Case No. 139 of 2001, registered for the offence punishable under Sections 341, 323, 307/34 of the Indian Penal Code.
It is alleged in the First Information Report that one Pawan Kumar Mahto, a convict in a criminal case registered nearly eight years ago at the instance of the informant, was on parole. He is said to have instigated the persons named in the First Information Report, whereupon they assaulted the informant and the informant's daughter.
Learned counsel appearing on behalf of the petitioner has submitted that he is in custody since 06.08.2021
Patna High Court CR. MISC. No.62100 of 2021(2) dt.06-04-2022 2/2 and has been implicated only because of his relationship with the said co-accused Pawan Kumar Mahto. He has submitted with reference to the injury report of the informant that the injury has been found to be simple in nature. He has also submitted that no specific overt act has been alleged against this petitioner in the First Information Report.
Considering the above submission and the fact that the petitioner is in custody since 06.08.2021, this application is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, in connection with Bhagwanpur P.S. Case No. 139 of 2021.
(Chakradhari Sharan Singh, J) Pawan/- U T