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Patna High CourtCR. MISC./58658/2019bail granted

Guddu Mahto @ Kumar Gaurav v. The State Of Bihar

2019-09-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58658 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- MALSALAMI District- Patna ====================================================== GUDDU MAHTO @ KUMAR GAURAV S/o Birju Mahto Resident of Katra Bazar, P.S. Malsalami, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2019 This application, for grant of anticipatory bail, arises out of Malsalami P.S. Case No. 178 of 2019, disclosing offences under Sections 341, 323, 324, 307/34 of the Indian Penal Code. Prosecution case is that while the informant was coming along with his brother on motorcycle, petitioner and other accused persons accosted them and petitioner was armed with country made pistol and, thereafter, the co-accused persons started assaulting the brother of informant by means of rod and danda causing severe injuries to him.

Submission of learned counsel for the petitioner is that so far this petitioner is concerned, only allegation against him is that he was armed with country made pistol and except that there is no allegation against him and the allegation of assault to the brother of informant has been attributed to the co-

Patna High Court CR. MISC. No.58658 of 2019(2) dt.17-09-2019 2/2 accused of this case. A statement has been made in paragraph -3 of the petition that petitioner has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -IV, Patna City, in connection with Malsalami P.S. Case No. 178 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T