Ram Pravesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 58412 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== Ram Pravesh Mahto S/O Deolal Mahto R/O Village- South Hussaini, P.S.- Dumariya Ghat, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Binay Kumar, Advocate For the Opposite Party/s :

Mr Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2 The petitioner apprehends his arrest in connection with Dumariyaghat PS Case No 137 of 2022 instituted under Sections 341, 323, 324, 325, 447, 307, 354, 354B, 379, 504, 506/34 of Indian Penal Code.

3 As per the prosecution case, allegation against the petitioner is that he inflicted farsa blow on the head of the informant.

4 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The injury sustained by the informant is simple in nature. The alleged occurrence took place on 26.06.2022. However, the

Patna High Court CR. MISC. No.58412 of 2023(2) dt.20-09-2023 2/2 FIR was registered on 10.07.2022 without any reasonable cause. The informant side was aggressor who assaulted the petitioner and his family member on the date of occurrence for which the petitioner has lodged the FIR against the informant and others. The petitioner has no criminal antecedent.

5 Learned APP opposes the prayer for anticipatory bail.

6 Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, East Champaran at Motihari in connection with Dumariyaghat PS Case No 137 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) M.E.H./- U T