Kari Nishad @ Kari Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 68538 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- MARANCHI District- Patna ====================================================== KARI NISHAD @ KARI MAHTO son of Tulshi Nishad @ Tulshi Mahto Village- Ganga Prasad Bind Toli Ps- Chakiya OP Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is in custody since 24.06.2023 in connection with Maranchi P.S. Case No. 80/2023 registered for the offence punishable under Sections 341/323/307/354(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said to have assaulted the injured causing head injury.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case merely on the basis of suspicion. He further submits that there is general and omnibus allegation against this petitioner. No cogent material has come in the case dairy to show the complicity of this petitioner. He next submits that there is no injury report available
Patna High Court CR. MISC. No. 68538 of 2023(2) dt.19-10-2023 2/2 with the records till date.
5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and also the period of custody, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Maranchi P.S. Case No. 80/2023.
7. The Senior Superintendent of Police, Patna, is directed to see that the injury reports in all the cases are attached with the records before submission of the chargesheet.
8. Let a copy of the order be communicated to the Senior Superintendent of Police, Patna through FAX/e-mail forthwith for compliance of the order. (Sandeep Kumar, J) Saif/- U T