Viru Mahaldar @ Biru Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82493 of 2024 Arising Out of PS. Case No.-194 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Viru Mahaldar @ Biru Mahaldar S/o Late Tulsi Mahaldar Resident of VillageAzamnagar Mahaldar Tola, PS- Azamnagar, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Adv.
For the Opposite Party/s :
Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Azamnagar P.S. Case No. 194 of 2024 instituted for the offences under Sections 341, 323, 325, 354(B), 307, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of dragging the Informant on the ground and also attempting to outrage her modesty. It is also alleged that the petitioner brutally assaulted the Informant's son with an intention to kill him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.82493 of 2024(3) dt.19-02-2025 2/3 present case with false and frivolous allegations. The petitioner has not committed any offence as alleged in the F.I.R. Learned counsel for the petitioner submits that the date of occurrence is 21.05.2024 at 12.00 O'clock but, the F.I.R. was lodged on 22.05.2024 at 01.30 PM without there being any plausible explanation for such delay which creates doubt in the prosecution case. The Informant is the mother of the petitioner and the injured Pandav Mahaldar is his younger brother and, as such, allegation leveled in the F.I.R. does not seems to be probable. The petitioner is the step son of the Informant and, as such, she implicated the petitioner in the present case falsely.
From the injury report, it appears that the injury is simple in nature caused by hard and blunt object. The injured Pandav Yadav was treated at the private hospital as well as Sadar Hospital, Katihar but, there is no injury report. The petitioner has no criminal antecedent and is languishing in judicial custody since 23.05.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The statement of the injured is recorded in Para-55 of
Patna High Court CR. MISC. No.82493 of 2024(3) dt.19-02-2025 3/3 the case diary in which he has supported the prosecution case. The injury report of the injured also supports the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Azamnagar P.S. Case No. 194 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T