Patna High CourtCR. MISC./68741/2024bail granted

Pannalal Mahto v. The State Of Bihar

2024-10-01Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68741 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Pannalal mahto S/O Shiv Pujan Mahto R/o Village- Bahrupiya, P.S- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sugauli P.S. Case No. 235 of 2024 dated 28.05.2024, lodged under Sections 341, 323, 324, 307, 325, 354, 504, 120(B), 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against 14 named accused persons including the present petitioner. The allegation against the petitioner is that he has assaulted one Deepak Mahto by iron rod due to which he sustained head as well as hand injury.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.68741 of 2024(2) dt.01-10-2024 2/3 also submits that in the rejection order, it has been indicated that there were two injuries found on the body of Deepak Mahto, but opinion has been reserved awaiting expert opinion. Counsel further submits that both informant and petitioner are resident of same village and for the same date and place of occurrence, there is case and counter case i.e. one case has been lodged from the informant's side bearing Sugauli P.S. Case No. 235 of 2024 and one case has been lodged from the petitioner's side bearing Sugauli P.S. Case No. 239 of 2024.

5. Learned Counsel for the petitioner further submits that the criminal antecedent of the petitioner is clean and he is in custody since 15.07.2024. Counsel submits that the charge-sheet has already been submitted in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner in the FIR of assault on Deepak Mahto.

7. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, East Champaran at Motihari in connection with Sugauli

Patna High Court CR. MISC. No.68741 of 2024(2) dt.01-10-2024 3/3 P.S. Case No. 235 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T