Nagendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7672 of 2024 Arising Out of PS. Case No.-408 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Nagendra Mahto, Son of Late Charitar Mahto, Resident of Village- Mekana, PS- Bahadurpur, (Sonki OP), Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ugranath Mallik, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Bahadurpur (Sonki) P.S. Case No. 408 of 2023 dated 06.08.2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354B, 379, 504 and 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that as per the allegation, this petitioner assaulted one namely Most. Ram Kashi Devi by using tangi but the said allegation does not get corroboration from the injury report of the said Most. Ram Kashi Devi as tenderness and swelling over her right hand, left forearm and right hip were found which were opined to be simple in nature and in between both the parties, a land dispute was running at the time of the

Patna High Court CR. MISC. No.7672 of 2024(2) dt.19-02-2024 2/2 commission of the alleged occurrence and the informant, who is said to have been assaulted by the co-accused persons, sustained simple injury as per his injury report. Further submissions are that the petitioner has been languishing in jail since 26.09.2023 and against him, there is criminal antecedent of one case in which he is on bail and against him, the investigation has been completed in the present matter.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly taking into account the injuries of the injured person who is said to have been assaulted by this petitioner as discussed above and also coupled with the completion of the investigation against the petitioner, in my opinion, the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner namedabove be released 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 concerned Court in connection with Bahadurpur (Sonki) P.S. Case No. 408 of 2023. (Shailendra Singh, J) annu/- U T