Patna High CourtCR. MISC./72199/2023allowed

Madho Mahto v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72199 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== Madho Mahto S/O Ramdular Mahto R/O Village- Navawbganj, P.SChakmehsi, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Asha Kumari ====================================================== 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 registered for the offence punishable under section 341, 323, 324, 307, 354B, 379, 504, 506, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons due to land dispute assaulted the informant on his head by means of kudal and they also assaulted his father due to which they sustained injuries. It is further alleged that during course of occurrence they also took away mangalsutra worth Rs. 75,000/-.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.72199 of 2023(2) dt.08-11-2023 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is own brother of the informant and due to hand dispute he has falsely been implicated in this present case. There is no repeated blow caused by the petitioner to the informant. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakmehsi P.S. Case No. 159 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class, District Samastipur. (Sunil Kumar Panwar, J) manishkumar/- U T