Govind Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52649 of 2018 Arising Out of PS.Case No. -195 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. Govind Mahton, S/o Ganga Ram Mahton @ Ganga Bishun Mahton, resident of Village- Dih Tabhaka, Post- Pandit tola Tabhaka, Police StationBibhutipur, District- Samsatipur, Pin- 848114. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar @ Ravindra Kr Rai For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 379, 504, 307/34 of the Indian Penal Code.
The prosecution case, in brief, is that a dispute arose on the issue of drainage and on account of which, the accused persons having surrounded the informant, abused and assaulted him. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is case and counter case between the parties. In paragraph-8 of the petition, it has been stated that nature of injury is simple in nature.
Patna High Court Cr.Misc. No.52649 of 2018 (2) dt.12-09-2018 Hence, no offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nagar P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T