Shushil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18023 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Shushil Mahto, Son of Basdeo Mahto, Resident of Village- Koilakh, P.S.- Raj Nagar, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 The petitioner is apprehending his arrest in connection with Raj Nagar P.S. Case No. 02 of 2017, registered for offences punishable under Sections 341, 323, 324, 307, 147, 149, 379, 504 of Indian Penal Code.

Allegation against the petitioner is of assault on the informant.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner and informant are 'gotias' and dispute arose between the parties with regard to a Khajoor Tree. Further wife of the petitioner has also lodged a case against the informant and others. Heard learned A.P.P. also.

Having heard both sides, from perusal of the impugned

Patna High Court Cr.Misc. No.18023 of 2017 (2) dt.02-05-2017 2/2 order itself, it appears that due to assault by the petitioner a fracture injury was caused on the head of the informant, as such, I am not inclined to grant the petitioner, the privilege of regular bail, his application for regular bail is accordingly rejected. Let petitioner surrender and make prayer for regular bail and if any such application is filed, the court below after considering the submission of learned counsel for the petitioner and also after verifying the injury report shall pass an appropriate order, if possible on the same day, without being prejudiced by the order of this Court.

With the above observation, this application is disposed of.

.

(Vinod Kumar Sinha, J) sunil/- U T