Dashrath Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78926 of 2023 Arising Out of PS. Case No.-284 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== DASHRATH MAHTO S/O KUSHO MAHTO R/O VILLAGE- BHAWANIPUR, P.S- SURAJGARH (MANIKPUR), DISTT.- LAKHISARAI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mintoo Kumari For the Opposite Party/s :
Mr.Arvind Kumar Pandey (A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 147, 148, 149, 341, 342, 323, 325, 307, 385, 387, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, the allegation is that there is a land dispute between the parties and in continuation of that when the construction work of the informant's land was going, on the accused persons armed variously came, resorted to indiscriminate firing and further, there is allegation of assaulting the informant's brother, nephew and a villager
Patna High Court CR. MISC. No.78926 of 2023(2) dt.07-12-2023 2/3 causing fractures on their body. The informant claims to have seen the occurrence from a distance. Before leaving, they also demanded Rs. 5,00,000/- as extortion.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to land dispute. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 23.11.2023 passed in Cr. Misc No. 73233 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 12.09.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Surajgarh Manikpur P.S. Case No. 284 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.78926 of 2023(2) dt.07-12-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) manishkumar/- U T