Patna High CourtCR. MISC./74512/2023allowed

Umesh Mahto v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74512 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Umesh Mahto Son Of Satyadev Mahto R/O Of Village-Bathnaha, P.S.- PHULPARAS, Dist.-MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 sections 447, 341, 324, 325, 323, 307, 354B, 379, 504, 427, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant's cousin due to which he sustained injuries and when informant came to save him then other co-accused person assaulted him along with his father due to which they sustained injuries as well.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and counter

Patna High Court CR. MISC. No.74512 of 2023(2) dt.02-12-2023 2/2 case between both the parties and both parties have sustained injuries as alleged in separate occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulparas P.S. Case No. 57 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 ACJM-IInd, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) Shubham/- U T