Bibhishan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49304 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Bibhishan Mahto, S/o Basdev Mahto, R/o Village- Pahleja, P.S.- Sonepur, District- Saran, At present resident of Mohalla- Pokhara Back Side T.B. Ward Sadar Hospital, P.S.- Hajipur Town, District- Vaishali. .... .... Petitione

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate For the Opposite Party : Mr. Mithilesh Kumar Khare (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Hajipur Town P.S. Case No. 172 of 2017, registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted with knife on the back of the informant causing injury and others caused injury to others.

Submission is of false implication and that due to land dispute the occurrence has taken place, there is case and counter case. The injury found on the person of the informant is simple in nature, no injury has been caused on vital part and, as

Patna High Court Cr.Misc. No.49304 of 2017 (2) dt.17-10-2017 2/2 such, the petitioner deserves sympathetic consideration as he has got no criminal antecedent.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the injury report the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 172 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T