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Patna High CourtCR. MISC./3662/2024allowed

Dilip Mahto v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3662 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Dilip Mahto S/O Mahendra Mahato R/O Village- Bathana, P.S- Piprakothi, East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 379, 447, 308, 427, 504/34 of the Indian Penal Code.

It is a case of assaulting to the informant and other family members. It is specifically alleged against petitioner that he assaulted with iron rod on the head of the brother of the informant namely Bhuwali Mahto, as a

Patna High Court CR. MISC. No.3662 of 2024(2) dt.31-01-2024 2/3 result of which, he sustained head injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is counter version of the occurrence also and petitioner's side also sustained injuries. The other co-accused persons have already been granted bail by the Court below. The petitioner is languishing in custody since 03.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sadar, Motihari, East Champaran in connection

Patna High Court CR. MISC. No.3662 of 2024(2) dt.31-01-2024 3/3 with Piprakothi P.S. Case No. 129 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T