Awadhesh Mahto @ Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16895 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- CHEWARA District- Sheikhpura ====================================================== AWADHESH MAHTO @ AWADHESH KUMAR Son of Karu Mahto Resident of Village - Ekrama, P.S.- Chewara, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Prasad Verma For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2022 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends his arrest in connection with Chewara P.S. Case No. 31 of 2020 registered for offence punishable under sections 147, 148, 149, 341, 307, 504, 506 and 336 of the Indian Penal Code and section 27 of the Arms Act.

The allegation against the present petitioner is that he fired shot by double barrel gun, which hit Kunal Kumar, the cousin brother of the informant.

The learned counsel for the petitioner has submitted that the members of informant side have badly assaulted the members of petitioner's side and also committed arson, in

Patna High Court CR. MISC. No.16895 of 2021(2) dt.19-01-2022 2/2 respect whereof Chewara P.S. Case No. 30 of 2020 has been lodged by the petitioner's side, which is prior to the alleged occurrence and 300 bundles wheat, crops of gram, etc. of the petitioner were set at fire by the informant's side. He has further submitted that after the present case, the members of the informant's side also badly assaulted the members of petitioner's side, in respect whereof Chewara P.S. Case No. 32 of 2020 was lodged after that case, which shows that the informant's side are aggressor. He has also submitted that the injury sustained by Kunal Kumar is simple in nature.

Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Chewara P.S. Case No. 31 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.