Mahru v. The State Of Bihar Patna
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 325, 427, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA Mr. Indeshwari Prasad Mandal, Advocate Mr. Jai Narain Thakur, APP ORAL ORDER 2 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends arrest in connection with Shahkund P.S. Case No. 184 of 2022 dated 03.07.2022, instituted for the offence punishable under Sections 147, 148, 149, 323, 307, 325, 427 and 504 of the Indian Penal Code.
The prosecution case, in short, is that, the accused persons including the petitioner assaulted the informant as well as his family members due to which they sustained injury.
Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the date of occurrence is
30.05.2022 but the F.I.R. was lodged on 03.07.2022 after a lapse of more than one month without giving any valid explanation. It is further submitted that there is no specific allegation against the petitioner, rather, there is general and omnibus allegation Patna High Court CR. MISC. No.70521 of 2023(2) dt.01-11-2023 against him. It is further stated that another co-accused persons namely, Kartik Kumar Mandal @ Kartik Mandal, Rita Devi @ Ritiya Devi and Lachiya Devi @ Lakshmi Devi have been granted bail vide order dated 19.01.2023 passed by a Co- ordinate Bench of this Court in Criminal Miscellaneous No. 68119 of 2022. Lastly, it has been submitted that the petitioner has no criminal antecedents.
Learned A.P.P. has opposed the prayer for bail of the petitioner.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Shahkund P.S. Case No. 184 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Bhagalpur, subject to condition as laid down under Section 438(2) of the Cr.P.C. Sankalp/- U T (Khatim Reza, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.