Rajo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63210 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- Mufassil District- Khagaria ====================================================== Rajo Mahto S/o Paltan Mahto R/o Village_ Bhadas, P.S. Muffasil, Distt. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-10-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 62/ 2024 dated 05.06.2024 registered for the offence(s) punishable under Section(s) 341, 323, 354B, 379, 504, 506 read with section 34 of the Indian Penal Code.

3. Mr. Ranjeet Kumar Singh, learned counsel for the petitioner submits that as per the F.I.R., the main allegation as to assaulting the informant's husband is against co-accused, Mitthu Mahto, who has been granted bail by the trial court, and as per the allegation, the petitioner simply instigated the co-accused but no role of the petitioner has been revealed in assaulting the informant's husband and further, the informant's husband is himself a criminal and against him Muffasil P.S. case No. 47/

Patna High Court CR. MISC. No.63210 of 2024(2) dt.05-10-2024 2/3 2024 has been registered by the brother of the petitioner prior to the institution of the F.I.R. of the present matter. It is further submitted that F.I.R. in the instant matter has been registered after 18 days of the alleged occurrence and regarding the said delay, no explanation was given in the F.I.R., which is based on the written application, and the petitioner has fair and clean antecedent.

4. Mr. Chandra Sen Prasad Singh, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case as well as considering the above submissions and mainly taking into account the petitioner's fair and clean antecedent as well as nature of allegation appearing against the petitioner, this court is inclined to accept the anticipatory bail prayer made by the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Muffasil P.S. Case No. 62/ 2024 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down

Patna High Court CR. MISC. No.63210 of 2024(2) dt.05-10-2024 3/3 under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T