Chhotu Kumar Mahto @ Chotu Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16452 of 2024 Arising Out of PS. Case No.-316 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Chhotu Kumar Mahto @ Chotu Kumar Mahto S/o Rajgir Mahto R/o VillageChakahledad, P.S.- Sarairanjan (Ghatho O.P.), District- Samastipur, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the IPC in connection with Sarairanjan (Ghatho O.P.)) P.S. Case No.316 of 2023.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Nagmani Singh was ploughing the field by a tractor using rotavator, the petitioner was also sitting on the tractor, during the course of ploughing, the land of the informant was

Patna High Court CR. MISC. No.16452 of 2024(3) dt.30-08-2024 2/3 damaged, hence same was objected when accused persons tried to run the informant by tractor, on account of which father of the informant received injuries on his right leg.

4. The learned counsel submits that the date of occurrence is 05.11.2023 and the FIR came to be instituted on 10.11.2023 and there is no specific allegation against this petitioner that he tried to run the informant by tractor, rather it is alleged that he being owner of the tractor was sitting on the tractor which was being driven by Nagmani. It is next submitted delay in instituting the FIR cause aspersion on the case of the prosecution.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Samastipur in connection with Sarairanjan (Ghatho O.P.)) P.S. Case No.316 of 2023, subject to the conditions laid down under

Patna High Court CR. MISC. No.16452 of 2024(3) dt.30-08-2024 3/3 Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T