Byas Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71789 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- BANIAPUR District- Saran ====================================================== Byas Mahto Son Of Late Ram Dayal Mahto Village Berui Nonia Tola, PsBaniapur, Dist- Saran At Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

It is a case of assaulting to the informant and other persons. It is alleged against the petitioner that he assaulted with iron rod to Biru Kumar Singh due to which his jaw was broken and he fell down.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.71789 of 2023(2) dt.08-11-2023 2/3 been implicated in this case. At earlier point of time, the brother of the petitioner has filed Baniapur P.S. Case No. 26 of 2023 against the informant's side. Hence, in order to put pressure, this false case has been registered against the petitioner and others. The doctor has opined firstly that Biru Singh had received injury which was lacerated wound on the left side of the forehead and after C.T Scan, it was opined that there was oblique fracture through mandible to the left of midline apart from other findings and that the injury was griveous in nature. The petitioner is languishing in custody since 12.07.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.71789 of 2023(2) dt.08-11-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Baniapur P.S. Case No. 29 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T