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2025 DAILYLAW 72263 (PAT)

Chandra Kishore Mahto v. The State of Bihar

CR. MISC./66628/2024 · 2025-04-07

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66628 of 2024 Arising Out of PS. Case No.-67 Year-2020 Thana- GHOGHARDIHA District- Madhubani ====================================================== Chandra Kishore Mahto S/o Late Nasiblal mahto R/o vill - Bagraha, P.S. - Ghoghardiha, distt. - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash, Adv. For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 07-04-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Ghoghardiha P.S. Case No. 67 of 2020 instituted under Sections 341, 342, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code. 3. As per the prosecution case, on the alleged date of occurrence, the petitioner along with other co-accused persons named in the F.I.R. assaulted the informant and his family members with farsa, iron Khanti, bricks and stone due to which they sustained injury and they also stole three thousand rupees and one mobile phone from the pocket of one Prabhu Narayan Mahto. Patna High Court CR. MISC. No.66628 of 2024(3) dt.07-04-2025 2/3 4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that there is no specific allegation against the petitioner. 5. Learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail. 6. Having heard learned counsel for the parties and further considering the fact that there is no direct evidence against the petitioner in the case diary to reveal his complicity in the alleged occurrence and further the allegations levelled by the informant are general and omnibus in nature and after investigation the investigating officer has submitted final form against the petitioner but deferring with the view of I.O., learned court below took cognizance against the petitioner and further six co- accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court, keeping in view these facts, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt of a copy of this order and in the event of his arrest Patna High Court CR. MISC. No.66628 of 2024(3) dt.07-04-2025 3/3 or surrender in connection with Ghoghardiha P.S. Case No. 67 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.- III, Jhanjharpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. tusharika/- (S. B. Pd. Singh, J) U T