Allowed

Pramod Mahto @ Pramod Kumar Mahto v. the State of Bihar

Patna HC7 Nov 2023CR. MISC./39598/2023

Case brief

AI extract

What is this about?

Hon'ble Justice Anjani Kumar Sharan granted anticipatory bail to the petitioner in a case involving offences under various sections of the IPC, subject to verification of criminal antecedents and conditions under Section 438(2) Cr.P.C.

What did the court decide?

Released on bail pending trial subject to conditions of surrender within six weeks and furnishing bond with sureties, contingent on verification of criminal antecedents.

Pramod Mahto @ Pramod Kumar Mahto Vs the State of Bihar — Bail and Remand | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39598 of 2023

¶2

Arising Out of PS. Case No.-103 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai

¶3

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

¶4

PRAMOD MAHTO @ PRAMOD KUMAR MAHTO S/O RAM SAGAR MAHTO R/O Village Khanjahanpur, Ward No. 9, P.S. Cheriya Baiyarpur, Dist.-Begusarai

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hare Krishna Prasad For the Opposite Party/s : Mr. Rajendra Nath Jha Mr. Shubhesh Pandey ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶10

3 07-11-2023 Heard the parties.

¶11

The petitioner apprehends his arrest in a case registered

¶12

for the offence punishable under Sections 341, 323, 324, 379, 354, 307, 504, 506/34 of the Indian Penal Code.

¶13

Allegedly, the petitioner and other persons misbehaved with the daughter of the informant. When the son of the informant went to rescue her, he was brutally assaulted by the petitioner and other accused persons due to which he sustained injuries.

¶14

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

¶15

Patna High Court CR. MISC. No.39598 of 2023(3) dt.07-11-2023 2/3

¶16

the manner as alleged, has ever taken place. He submits that after investigation, police has filed final form against the petitioner and differing with the same, the learned Court below took cognizance against him. Petitioner has four criminal antecedent, which is mentioned as followed:

¶17

(i) Cheriya Bariyarpur P.S. Case No.87 of 2018, u/s 323, 504/34 of IPC.

¶18

(ii) Cheriya Bariyarpur P.S. Case No.14 of 2020, u/s 323, 504, 506/34 of IPC.

¶19

(iii) Cheriya Bariyarpur P.S. Case No.4 of 2023, u/s 379, 504, 506/34 of IPC.

¶20

(iv) Complaint Case No.62C of 2019, u/s SC/ST Act.

¶21

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the petitioner has suppressed his criminal antecedent.

¶22

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court

¶23

Patna High Court CR. MISC. No.39598 of 2023(3) dt.07-11-2023 3/3

¶24

in connection with Cheriya Bariyarpur P.S. Case No.103 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶25

However, the learned Court below is directed to verify the criminal antecedent of the petitioner. If it is found that the petitioner has been involved in any other case, prior to the present case, then his bail bond shall not be accepted.

¶26

(Anjani Kumar Sharan, J)

¶27

shikha/-

¶28

U T

Pramod Mahto @ Pramod Kumar Mahto v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Mahto @ Pramod Kumar 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

Raj Kumar Yadav Vs The State of Bihar

Md. Dabir Vs The State of Bihar

Mithu Kumar Vs The State of Bihar

Saurav Basu Vs The Vigilance Investigation Bureau, Bihar, Patna

Amarnath Kumar @ Amar Kumar Vs the State of Bihar

Guddu Kumar Singh @ Dr. Guddu Kumar Singh Vs The State of Bihar