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Patna High CourtCR. MISC./80849/2023allowed

Mithlesh Mahto v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80849 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- KARJA District- Muzaffarpur ====================================================== Mithlesh Mahto S/O Late Ram Iswar Mahto Resident Of VillageNizamuddin Kodariya (Mansurpur Chamarua), P.S. Karja, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash For the Opposite Party/s :

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 448, 341, 323, 307, 504/34 of the Indian Penal Code.

3. Prosecution story relates to abuse and assault to the informant and his family members by the petitioner and other co-accused persons due to previous land dispute. Specific allegation against the petitioner is that he was in intoxicated state and he inflicted sword blow to the informant in his right hand and head.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.80849 of 2023(2) dt.14-12-2023 2/2 been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. He has got no criminal antecedent. Petitioner is languishing in judicial custody since 10.09.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Court No. 7, Muzaffarpur (West) in connection with Karja P.S. Case No. 42 of 2022. (Sunil Kumar Panwar, J) sushma/- U