Wakil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33745 of 2021 Arising Out of PS. Case No.-574 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== WAKIL MAHTO S/o Late Ramdeo Mahto R/o village- Chandrahiya, P.S.- Muffasil, Distirct- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Umeshanand Pandit, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Motihari Mufassil PS Case No. 574/2019 registered for the offences punishable under Sections 447, 324, 307, 504, 506/34 of the IPC.

As per FIR, petitioner has, allegedly, gave three knife blows near the ribs of the informant.

Learned counsel for the petitioner submits that the petitioner is own elder brother of the informant and there is land dispute between them. Learned counsel further submits, referring to Annexure-2, i.e., Injury Report of a Private Hospital, that, from perusal of the same, it would be evident that the

Patna High Court CR. MISC. No.33745 of 2021(2) dt.21-12-2021 2/2 injury mentioned in the report is a lacerated wound whereas the allegation is of giving knife blows to the informant by the petitioner which is a sharp cutting weapon.

Learned counsel further submits that the petitioner is in custody since 27.11.2020 having no criminal antecedents and the charge-sheet has already been submitted.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are own brothers, petitioner is in custody since 27.11.2020 having no criminal antecedents and the charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, WAKIL MAHTO be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Mufassil PS Case No. 574/2019.

(Anil Kumar Sinha, J) perwez U T