Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26350 of 2020 Arising Out of PS. Case No.-483 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== MUNNA MAHTO S/o Ram Prit Mahto @ Rampat Mahto Resident of Village- Chhuri Chapra, P.S.- Chapra Muffasil, Distt- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rajani Kumari For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

This application, for grant of anticipatory bail, arises out of Chapra Mufassil Police Station Case No. 483 of 2019, disclosing offences under Sections 147/148/323/307/379/354 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the petitioner, along with other accused persons, assaulted the informant by means of dab, due to which the informant received injuries on his head and left shoulder. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and referring to injury report, she submits that the opinion of the

Patna High Court CR. MISC. No.26350 of 2020(2) dt.21-10-2020 2/2 doctor, regarding the nature of the injuries, has been kept reserved. She further submits that altogether 12 persons have been made accused in this case and the First Information Report has been lodged after a delay of 10 days.

Having regard to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that there is specific allegation against the petitioner of assaulting the informant by means of dab, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, dismissed.

However, if the petitioner surrenders before the learned Court below within a period of four weeks from today and seeks regular bail, the learned Court below shall consider the same on its own merits without being prejudiced by rejection of the present application for grant of anticipatory bail. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √