Rajdeo Mahto @ Rajdev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77883 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Rajdeo Mahto @ Rajdev Mahto Son Of Late Dhenuk Mahto R/O VillageGamhariya, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.Iii For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 379, 504 of the Indian Penal Code.

3. Allegedly, while the niece of one 'Gulsan Khatoon' was moving along with co-accused, Binod Kumar, the same was protested by the informant, thereupon, all the accused persons, including the petitioner brutally assaulted him due to which he sustained head injury. It is further alleged that when the daughter of the informant came in his rescue she was also being assaulted and further the accused persons snatched the valuables of wife and daughter of the informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.77883 of 2023(2) dt.08-12-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 16.10.2023 passed in Cr. Misc. No. 62902 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, 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 Raxaul P.S. Case No. 170 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T