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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37372 of 2019 Arising Out of PS. Case No.-696 Year-2014 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Anil Mahto @ Anil Kumar Mahto, Son of Makeshwar Mahto, Resident of Village - Hussepur, Tola Jagdari, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Mahto, Son of Bhola Mahto, Resident of Village - Hussepur Dobandha, P.S.- Sahebganj, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 696 of 2014, disclosing offences under Sections 147, 341, 323, 326, 379, 504 of the Indian Penal Code.

Prosecution story as per the complaint case is that petitioner and other accused persons came and demanded Rangdari and when he protested, accused Hari Krishna Mahto assaulted by pistol and snatched away Rs.1500/- and against this petitioner there is allegation of assault by rod on the chest of the informant, causing fracture injury. There is allegation against other accused persons also.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.37372 of 2019(6) dt.20-09-2019 2/2 that he has falsely been implicated in this case. Moreover, injuries attributed to him has found to be simple in nature, as Doctor has only found chest pain.

Heard learned A.P.P. also.

In this case, earlier notice was issued to the opposite party no.2-complainant, but in spite of valid service on the opposite party no.2, nobody appears on behalf of the opposite party no.2.

Having heard both sides, considering the above submissions, this application is allowed. The provisional bail granted to the petitioner, vide order dated 20.06.2019 is confirmed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T