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Patna High CourtCR. MISC./80729/2023bail granted

Ram Mahto @ Ram Kumar @ Ram Kumar Mahto v. The State Of Bihar

2024-03-05Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80729 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- SUPAUL District- Supaul ====================================================== RAM MAHTO @ RAM KUMAR @ RAM KUMAR MAHTO Son of Kapildev Mahto RESIDENT OF VILLAGE CHAINSINGH PATTI PS SUPAUL DISTRICT SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 504, 506, 354(B), 379, 427 and 34 of the Indian Penal Code .

3. As per the prosecution case, petitioner along with other co-accused persons armed with lathi and danda abused and assaulted the informant. It is further alleged, when the wife , father and mother of the informant came to rescue, they were also assaulted by accused persons. It is further alleged that this petitioner

Patna High Court CR. MISC. No.80729 of 2023(3) dt.05-03-2024 2/3 tried to outrage the modesty of the informant's wife on the order of co-accused Laxman Mahto and snatched her earrings of Rs. 12000/- .

4. It is submitted on behalf of the petitioner that both the parties are co-villagers and due to pending land dispute between them this false and fabricated case has been lodged against this petitioner. Allegation of assault is general and omnibus. Injury allegedly caused by this petitioner is simple in nature . There is 3 days delay in lodging the FIR for which there is no plausible explanation . Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Supaul in connection with

Patna High Court CR. MISC. No.80729 of 2023(3) dt.05-03-2024 3/3 Supaul P.S. case No. 3 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T