Sudarshan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74626 of 2023 Arising Out of PS. Case No.-25 Year-2021 Thana- SONEPUR District- Saran ====================================================== SUDARSHAN MAHTO S/O MOHAN MAHTO R/O VILLAGECHITARSENPUR, P.S- SONPUR, DISTT.- SARAN(CHAPRA). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr.Shyam Kishore, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard Mr. Yogesh Chandra Verma, learned Senior counsel for the petitioner assisted by Mr. Shyam Kishore and Mr. Dilip Kumar No.1, learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 504, 506, 379, 448, 34 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioner reached at the house of the informant and assaulted him. They broke two front teeth of the informant's wife, namely, Fulwanti Devi. His elder brother, namely, Lalbabu sustained head injury. They also assaulted the informant's younger son by means of dagger. They also stole gold, silver ornaments and Rs.
Patna High Court CR. MISC. No.74626 of 2023(2) dt.04-12-2023 2/3 70,000/- from the house of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Both the parties have sustained injuries. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 10.08.2022 passed in Cr. Misc. No. 52485 of 2021. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted bail, 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
Patna High Court CR. MISC. No.74626 of 2023(2) dt.04-12-2023 3/3 with Sonpur P.S. Case No. 25 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T