Sanoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80625 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Sanoj Mahto Son of Nageshwar Mahto R/O Vill.- Fatehpur, P.S.- Raghopur, Dist.- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari @ Priyanka Kumar D/O Dharmendra Mahto R/O Vill.- Fatehpur, Nayka, P.S.- Raghopur, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Raghopur P.S. Case no.115 of 2023 registered for the offence punishable under sections 307, 354B, 379, 341, 323, 324, 448, 427, 504, 506 and 34 of the Indian Penal Code and section 8 of the POCSO Act.

3. As per the prosecution case, the informant states that over a trivial dispute, co-accused Manoj Mahto assaulted her brother as also the informant. It is further stated that the other co-accused persons including the petitioner herein entered the informant's house and took away ornaments and Rs.20,000/ in cash.

Patna High Court CR. MISC. No.80625 of 2024(2) dt.28-11-2024 2/3

4. Learned counsel for the petitioners submits that petitioner has been falsely implicated in the case. From perusal of the FIR, it would transpire that the main allegation is against co-accused Manoj Mahto. Further co-accused Manoj Mahto and Subodh @ Subodh Mahto have been enlarged on bail vide order dated 21.3.2024 in Cr. Misc. no.1234 of 2024 and order dated 13.9.2024 passed in Cr. Misc. no.65509 of 2024. The allegations against the petitioner is general and omnibus in nature and he undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR against this petitioner, the main allegation being against co-accused Manoj Mahto who has himself been enlarged on bail vide order dated 21.3.2024 passed in Cr. Misc. no.1234 of 2024, grant of bail to other similarly situated co-accused vide order dated 13.9.2024 passed in Cr. Misc. no. 65509 of 2024 and the allegations against this petitioner being general and omnibus in nature, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in

Patna High Court CR. MISC. No.80625 of 2024(2) dt.28-11-2024 3/3 connection with Raghopur P.S. Case no.115 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum-Special Court,POCSO Act, Vaishali at Hajipur.

(Partha Sarthy, J) Harsh/- U T