Bhim Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13895 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- SIDHWALIYA District- Gopalganj ====================================================== BHIM MAHTO aged about 20 years, Gender: Male, Son of Fagu Mahto R/o village- Lohijira Ojha Jee ke Tola, P.S.- Sidhwalia, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-03-2019 Learned counsel for the petitioner seeks permission to make correction in Paragraph 1 and Paragraph 11 of the application as regards one of the provisions of the Indian Penal Code and the relationship between the petitioner and the informant are Mausera brother and sister in which the case has been registered. Permission is granted.

Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Sidhwalia P.S. Case No. 249 of 2018 registered for the offences punishable under Sections 341/ 448/ 447/ 323/ 324/ 325/ 354/ 379/ 504/ 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner and the informant are the Mausera brother and sister. It is submitted that there has been a land dispute and there was a Panchayati with respect thereto as disclosed in the F.I.R itself. It is

Patna High Court CR. MISC. No.13895 of 2019(2) dt.11-03-2019 2/2 submitted that in course of that Panchayati some disputes seems to have been arisen giving rise to this case. Learned counsel submits that although it is stated that the petitioner had injured the informant but the allegations are only vague as no such injury has been reported.

Learned APP for the State is present and has opposed the prayer for bail.

In the given facts and circumstances of the case, the relationship between the parties and submission that there was no injury, let in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Sidhwalia P.S. Case No. 249 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U T