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Patna High CourtCR. MISC./5798/2019bail granted

Sukhdeo Mahto v. The State Of Bihar

2019-02-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5798 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- SHAMHO District- Begusarai ====================================================== SUKHDEO MAHTO S/o Dhanik Bind Village-Akaha Kuraha,P.S-Shamho, Distt.-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-02-2019 Heard both sides.

The petitioner apprehends his arrest in Shamho P.S. case No. 30 of 2018 registered under Section 307 and other minor Sections of the Indian Penal Code and under Section 27 of Arms Act.

The informant named the petitioner along with other accused persons and alleged that they all having armed with different weapons entered in the house of informant and Dhanik Bind assaulted the informant with Farsa on her head. When Chhotu Mahto, son of informant, came to save the petitioner is alleged to have assaulted Chhotu Mahto with Farsa. The learned counsel for the petitioner submits that there is counter version. The petitioner is alleged to have assaulted with sharp edged weapon but injury found on the

Patna High Court Cr.Misc. No.5798 of 2019(2) dt.01-02-2019 2/2 person of Chhotu Mahto is lacerated and superficial and nature of the injury is simple, as opined by the doctor. Taking into consideration the fact that there is case and counter case and on account of assault made by the petitioner Chhotu Mahto received superficial and simple injury, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub divisional Judicial Magistrate, Begusarai in connection with Shamho P.S. case No. 30 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T