Suga Mahto @ Sugga Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50468 of 2018 Arising Out of PS. Case No.-295 Year-2017 Thana- KESARIA District- East Champaran ====================================================== Suga Mahto @ Sugga Mahto S/o Late Bahur Mahto, R/o Vill.- Rajpur, P.S.- Kesariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Kesariya P.S. case no. 295 of 2017 instituted for the offence under Section(s) 147, 148,149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that both the parties are agnate. The case has been filed due to land dispute.
It is alleged against this petitioner that he assaulted the informant with danda and thereafter again assaulted Mahadev Mahto by means of knife.
The injury reports of both the injured have been annexed as Annexure(s) 2 and 2/1 which show that they have sustained
Patna High Court Cr.Misc. No.50468 of 2018(2) dt.25-08-2018 2/2 simple injury. There is no any repetition of blow. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kesariya P.S. case no. 295 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 11th ACJM, East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.