Pappu Kumar Mahto @ Pappu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31965 of 2024 Arising Out of PS. Case No.-38 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Pappu Kumar Mahto @ Pappu Mahto son of Late Shivaji Mahto VillageBelwaganj W.No-36, PS- Laherisarai Distt.-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhumala Kumari For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Laheriasarai P.S. Case No. 38/2022 registered for the offences punishable under Sections 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other are said to have started abusing to the wife of the informant, when the informant protested the same then they assaulted the informant. It is alleged that the petitioner and others are said to have assaulted the informant. It is further alleged that co-accused Vikram Mahto is said to have assaulted the informant on head by means of fighter and during course of assault co-accused Vikram Mahto also snatched golden chain

Patna High Court CR. MISC. No.31965 of 2024(2) dt.22-05-2024 2/3 from the informant. It is further alleged that the petitioner is said to have assaulted the informant on his head by means of iron rod and causing injury on neck.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. The petitioner bears no criminal antecedent. He further submits that there is allegation against the petitioner and other co-accused Vikram Mahto that both have assaulted upon the head of the informant. Learned counsel for the petitioner orally submits that injury upon the informant is on right wrist and fingure. No injury is found on the vital part of the body and the injury is stated to be simple in nature. He further submits that alleged Sections 341, 323, 324, 307, 504/34 of the I.P.C. is not made out against the petitioner. He further submits that there is land dispute between the parties and in the cases of land dispute facts are generally exaggerated to make the case graver.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into

Patna High Court CR. MISC. No.31965 of 2024(2) dt.22-05-2024 3/3 consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Darbhanga in connection with Laheriasarai P.S. Case No. 38/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) amitkumar/- U T