Patna High CourtCR. MISC./66672/2023bail rejected

Upendra Mahto v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66672 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== UPENDRA MAHTO LAKHAN MAHTO R/O VILL SOBHAN TARA PS KHANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Khanpur P.S. Case no.166 of 2023 registered under sections 307, 379, 341, 323, 324, 354, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and others are said to have come variously armed and Upendra Mahto, the petitioner herein is said to have assaulted the brother of the informant on his head with an iron rod.

4. It is submitted by learned counsel for the petitioner that there is case and counter case between the parties. Both sides having sustained injuries. The allegations are general and omnibus in nature. The petitioner is in custody since 19.7.2023 and has no criminal antecedent. Investigation in the

Patna High Court CR. MISC. No.66672 of 2023(2) dt.17-10-2023 2/2 case has concluded.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner of having assaulted the brother of the informant with an iron rod on his head, injury report of the informant's brother having been quoted in the order of the learned trial Court according to which, he sustained fracture on his right parietal bone (skull) which was found to be grievous and having been caused by hard and blunt substance, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Bibhash U T