Raju Mahto @ Raju Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60145 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- UPHARA District- Aurangabad ====================================================== Raju Mahto @ Raju Kumar Mahto Son of Shiv Prasad Mahto R/O Vill.- Teyap, P.S.- Uphara, Dist.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2024 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Umeshanand Pandit, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Uphara P.S. Case No. 37 of 2024, F.I.R. dated 23.04.2024 registered for the offences punishable under Sections 341, 323, 325, 354, 379, 307, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he assaulted the husband of the informant namely Dharmendra Kumar @ Vishu by fists and slaps.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.60145 of 2024(2) dt.11-09-2024 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt attributed against the petitioner rather there is specific allegation against Aman Kumar who assaulted the father-in-law of the informant by means of rod.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Daudnagar, Aurangabad in connection with Uphara P.S. Case No. 37 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

Patna High Court CR. MISC. No.60145 of 2024(2) dt.11-09-2024 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T