Ganesh Mahto @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72251 of 2023 Arising Out of PS. Case No.-149 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Ganesh Mahto @ Ganesh Kumar Son Of Shruw Narayan Mahto @ Dhupnarayan Mahto @ Dhrup Narayn Mahto R/O Village- Kethariya, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

3. As per FIR, it is a case of assault due to which, the informant's husband and his family members sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There has been delay of three days in lodging the FIR. He submitted that both parties are next door neighbour and due to previous animosity petitioner has been implicated in this matter. According to prosecution

Patna High Court CR. MISC. No.72251 of 2023(2) dt.08-11-2023 2/2 case, the allegation against the petitioner is that he assaulted the informant's husband and struck with a knife on different parts of his body but from the perusal of the impugned order, it appears that the informant's husband sustained only one injury. He further submitted that there is no any repeated blow by the petitioner. He is languishing in judicial custody since 22.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 149 of 2021. (Sunil Kumar Panwar, J) Arish/- U T