Pratap Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54173 of 2022 Arising Out of PS. Case No.-7 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Pratap Mahato, Male, aged about 36 years, S/O Panchu Mahato, R/O VillageTelhara Kala, P.S.- Kundwachainpur, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kundwachainpur P.S. Case No. 07/2019 registered for the offence under Sections 323, 341, 307, 324, 326, 379 and 504/34 of the I.P.C.

The prosecution case, in brief, is that on 06.01.2019 at about 18.00, while the informant was returning after purchase of Biscuit, on the way, some persons were sitting who demanded Mobile from him and on refusal Birju Mahto and two boys started abusing him. On protest, Pukar Mahto, Pratap Mahto (petitioner), Ramdeo Mahto started assaulting him and they took his Mobile and cash of Rs. 14,000/-. In the meantime, one of

Patna High Court CR. MISC. No.54173 of 2022(2) dt.21-12-2022 2/2 them stabbed in the stomach of the informant and blood started oozing. Thereafter, the accused fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.05.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No specific overt act has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran, Motihari, in connection with Kundwachainpur P.S. Case No. 07 of 2019.

(Sudhir Singh, J) U.K./- U T