Surya Banshi Mahto @ Suryavanshi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53091 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== SURYA BANSHI MAHTO @ SURYAVANSHI MAHTO Son of Pradip Mahto @ Pradeep Mahto Resident of Village-Kauriya Nuntar Tola, Police Station-Madhuban, District-East Champaran at Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 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 341, 323, 324, 307 & 379/34 of the Indian Penal Code.

3. The petitioner in association of other co-accused is said to have assaulted the informant by means of lathi and iron rod.

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 the falsity of the allegation to kill is also established by the fact that the injury found on the

Patna High Court CR. MISC. No.53091 of 2023(4) dt.14-09-2023 2/2 scalp of the informant has been opined to be 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 as well as the fact that the injury sustained by the informant is simple in nature, 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 Madhuban P.S. Case No. 547 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T