Patna High CourtCR. MISC./58508/2023allowed

Sone Lal Mahto v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58508 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== Sone Lal Mahto Son Of Late Kesho Mahto Vill Manuchak Vind Toli, PsSurajgarha, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 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 341, 323, 504 of the I.P.C. and sections 37(b)(c) of the Bihar Prohibition and Excise Act.

3. As per FIR, the petitioner is alleged to have abused and assaulted the informant after consuming liquor due to which the informant sustained injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The informant is mother-in-law of the petitioner and due to quarrel, she implicated him in this present case. It is also submitted that the informant sustained injury

Patna High Court CR. MISC. No.58508 of 2023(2) dt.01-09-2023 2/2 which is simple in nature. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 22.3.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of 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 Surajgarha P.S. Case No. 95 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 Addl. District and Sessions Judge 4th cum-Special Excise Court No.1, Lakhisarai.

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