Biresh Mahato @ Viresh Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78860 of 2024 Arising Out of PS. Case No.-886 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Biresh Mahato @ Viresh Mahato Son of Lal Bahadur Mahato Village- Banjari Nawaka Tola P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3 . As per the prosecution case , on the alleged date and time of occurrence , all the accused persons stopped the informant and assaulted him and this petitioner stabbed on the hand of the son of informant.
4. It is submitted that the F.I.R. has been lodged after delay of 12 days and there is no plausible explanation for the same . Injury allegedly caused by this petitioner is simple in nature . Lastly , learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.78860 of 2024(2) dt.18-01-2025 2/2 prior to the present case , petitioner sides has lodged Gopalganj Town P. S. Case No. 868 of 2022 against the informant and others for the same occurrence which is earlier in point of time . Petitioner claims clean antecedent. 5 . Considering the nature of accusation , clean antecedent of the petitioner, nature of injury and delay in lodging the F.I.R., this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P. S. Case No. 886 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T