Chandeshwar Mahto @ Suresh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67838 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== CHANDESHWAR MAHTO @ SURESH KUMAR MAHTO Son of Late Nanhki Mahto R/v- Bhagwatpur, P.S.- Sarairanjan District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 354(B), 307, 447, 504/34 of the IPC.

Allegedly, at the first instance, petitioner tried to misbehave with the daughter-in-law of the informant and when informant's son came, petitioner fled away. Thereafter, petitioner and others again came there and petitioner assaulted the informant with iron rod.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.67838 of 2022(2) dt.19-01-2023 2/2 Though there is allegation that petitioner assaulted the informant with iron rod but the injury is found to be simple in nature. It is further submitted that the occurrence took place on 05.04.2022 but F.I.R. was lodged on 10.04.2022 i.e. after delay of 5 days without giving any plausible explanation, which itself creates doubt about the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the delay in lodging the F.I.R., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sarairanjan P.S. Case No.78 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T