Dipesh Kumar @ Dipesh Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1454 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== Dipesh Kumar @ Dipesh Kumar Mahto S/O DINDAYAL MAHTO @ PRASAD DIN DAYAL DEVRAJ @ PRASAD DINDAYAL VILLAGESAINI BAGAHI, PS. BASANTPUR, DIST. SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arbind Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024
1. Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Basantpur P.S Case no.372 of 2023 registered under sections 307, 341, 323, 324, 326, 379, 385, 354B, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.
3. As per the prosecution case, the informant states that the six named accused persons including the petitioner as also 10-11 unknown accused persons came variously armed. It is further stated that Guddu Kumar Mahto made demand of
Patna High Court CR. MISC. No.1454 of 2024(2) dt.24-01-2024 2/3 rangdari and thereafter specific allegations of assault is against Guddu Kumar Mahto, Sanjiv Kumar Mahto, Dipu Kumar Mahto and Dipak Kumar Mahto while allegations against all others are general and omnibus in nature. It is further stated that the brother of the informant died.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Even as per the allegations in the F.I.R, although the petitioner is named therein, however no specific overt-act has been alleged against him. He is in custody since 22.7.2023 and has no criminal antecedent.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, his being in custody for about 6 months since 22.7.2023, not having any criminal antecedent and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Basantpur P.S Case no.372 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional
Patna High Court CR. MISC. No.1454 of 2024(2) dt.24-01-2024 3/3 Chief Judicial Magistrate-X, Siwan.
(Partha Sarthy, J) Shiv/- U