Kishore Mahto @ Sri Kishore Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6023 of 2017 Arising Out of PS.Case No. -391 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Kishore Mahto @ Sri Kishore Mahto, Son of Late Ramanand Mahto, Resident of Village- Chadhua, P.S.- Kurhani, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Hari Kishore Thakur, Advocate For the Opposite Party : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-03-2017 Heard.
The petitioner is in custody in connection with Kudhani P.S.Case No.391 of 2016 registered for an offence under Sections 147, 148, 149, 431, 323, 324, 307, 504 and 506 of the IPC and Sections 3/4 of the Dayan Act.
The informant in his written report has alleged that on 04.12.2016, the FIR named accused persons assaulted with farsa on her head.
Learned counsel for the petitioner submits that the occurrence allegedly took place on 04.12.2016 whereas the FIR was lodged after unexplained delay of two days and there is some land dispute between the parties. The petitioner is in custody since 17.12.2016.
Patna High Court Cr.Misc. No.6023 of 2017 (2) dt.01-03-2017 2/2 However, learned APP opposed the submissions. From perusal of copy of the injury report, it appears that the informant sustained simple injury and there is no allegation of repetition of blow against the petitioner, considering which, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, Judicial Magistrate, Ist Class, Muzaffarpur in connection with Kudhani P.S.Case No.391 of 2016.
(Sanjay Kumar, J) B.Kr./- U T