Patna High CourtCR. MISC./54178/2023allowed

Jharokha Mahto v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54178 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- MADHAURAH District- Saran ====================================================== JHAROKHA MAHTO Son of Late Vidai Mahto Resident of village- Asoiyan, P.S. - Madhowrah, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raushan Raj For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 147, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with others is alleged to have assaulted the informant and his grandfather due to which both of them sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. A land dispute is going on between the parties due to which the petitioner has falsely been implicated in this case. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is 65 years old age person

Patna High Court CR. MISC. No.54178 of 2023(3) dt.03-11-2023 2/2 and he is languishing in judicial custody since 29.3.2023.

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 period 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 Madhowrah P.S. Case No. 45 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 Chief Judicial Magistrate, Chhapra at Saran.

(Sunil Kumar Panwar, J) Amandeep/- U T