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Patna High Court/8792/2023allowed

Lalit Kumar Mahto v. The State Of Bihar

2023-04-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8792 of 2023 Arising Out of PS. Case No.-121 Year-2021 Thana- LAKHNAUR District- Madhubani ====================================================== Lalit Kumar Mahto Son Of Late Sukdev Mahto R/O Village- Madhura, P.S.- Lakhnour, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Lakhnour P.S. Case No. 121 of 2021 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 the Indian Penal Code.

As per the FIR, all the accused persons including the petitioner abused and assaulted the informant and his family members by means of Dabiya causing head injury. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. As per the FIR, the allegation against the petitioner is that he caught hold to the informant and co-accused Bimlesh Kumar Mahto and other co-accused assaulted the informant by means of Dabiya. It

Patna High Court CR. MISC. No.8792 of 2023(2) dt.18-04-2023 2/2 is further submitted that there is case and counter case between the parties and there is admitted land dispute. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioner as well as submission of the parties, let the above named petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur in Lakhnour P.S. Case No. 121 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T