Allowed

Naresh Mahto v. The State of Bihar

Patna HC16 Sept 2022CR. MISC./34156/2022

Case brief

AI extract

What is this about?

The High Court, Patna, granted a bail order for the petitioner in a criminal case involving multiple serious IPC offences. Considering the counter-case, clean antecedent, and custody duration, the petitioner was released on bond with specific conditions for surety and court appearance.

What did the court decide?

The petitioner is directed to be released on bail by furnishing a bond of Rs. 20,000 with two sureties.

Naresh Mahto Vs The State of Bihar — Cheating and Forgery | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34156 of 2022

¶2

Arising Out of PS. Case No.-685 Year-2021 Thana- LAKHISARAI District- Lakhisarai

¶3

======================================================

¶4

Naresh Mahto, Son of Asharfi Mahto, Resident of village - Makuna Old Tola Ward No.- 29, P.S.- Lakhisarai (Kabiya), Dist.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Bhim Sen Prasad, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

¶11

2 16-09-2022

¶12

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

¶13

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.

¶14

In the present case, the petitioner seeks bail in connection with Lakhisarai P.S. Case No. 685 of 2021 registered for the alleged offences under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379 and 504 of the Indian Penal Code and later on Section 302 is also added.

¶15

As per prosecution case, the petitioner and other coaccused persons armed with axe, khanti , tangi , paina and iron rod came to the house of the informant and started abusing her. When the informant and her daughter-in-law objected, the

¶16

Patna High Court CR. MISC. No.34156 of 2022(2) dt.16-09-2022 2/3

¶17

petitioner and co-accused tried to outrage the modesty of the daughter-in-law of the informant and further allegation against this petitioner is that he gave a khanti blow on the leg of the son of the informant.

¶18

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Present case is counterblast of Lakhisarai P.S. Case No. 684 of 2021 which was registered by the son of the petitioner against the husband of the informant and others. The informant side is the assailants and they caused serious injuries to the sons of the petitioner and this petitioner also received injuries along with his wife and daughter. Learned counsel further submits that no injury was found on the persons of the informant side and they were not treated for their injuries. The petitioner is in custody since 24.02.2022 and charge-sheet has been submitted. The petitioner has got no criminal antecedent.

¶19

Learned APP opposes the prayer for bail.

¶20

Having regard to the submissions made on behalf of

¶21

the parties and further considering the case and counter case between the parties and nature of allegation against the petitioner along with his period of custody and submission of

¶22

Patna High Court CR. MISC. No.34156 of 2022(2) dt.16-09-2022 3/3

¶23

charge-sheet and clean antecedent of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 685 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

¶24

(i) One of the bailors will be Asarfi Mahto, father of the petitioner, who has sworn the affidavit in this case.

¶25

(ii) The petitioner will remain present on each and every date fixed by the court below.

¶26

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

¶27

(Arun Kumar Jha, J)

¶28

Rajnish/-

¶29

U T

Naresh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Naresh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arbind Das @ Arbind Kumar Gupta @ Arbind Gupta Vs The State of Bihar

Sintu Sah @ Sintu Kumar Vs The State of Bihar

Tabarak Ali Vs the State of Bihar

Subhash Yadav Vs The State of Bihar

Prince Rai @ Rakesh Rai Vs The State of Bihar

Rajan Tiwari @ Rajan Kumar Tiwari Vs The State of Bihar