Lakhindra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49344 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== Lakhindra Mahto S/o Vishnath Mahto R/o village- Maniarpur, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mrs. Sunita, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-07-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Pramod Kumar Sinha, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered in connection with Rajepur P.S.Case No. 40 of 2020 for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

As per the prosecution case, it is alleged that on account of some trifling matter, all the accused persons surrounded the informant and others and thereafter, this petitioner assaulted one Roshan Kumar by means of iron

Patna High Court CR. MISC. No.49344 of 2021(4) dt.19-07-2022 2/3 rod over his head mouth and nose due to which he became unconscious and referred to Sadar Hospital, Motihari for treatment.

It is submitted by the learned counsel for the petitioner that both the parties are Patidars and there is admitted land dispute between them. From perusal of the FIR, multiple fracture injuries have been found and thus the injury report appears to be concocted. It is further submitted that there was a free fight between the parties and due to which persons from both the sides sustained injuries. It is next submitted that there is counter version of this case which has has been registered as Rajepur P.S.Case No. 112 of 2020. It is next submitted that petitioner is in custody since 22.06.2021, though investigation has already been concluded and the charge sheet has been submitted. On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits that petitioner has brutally assaulted the son of the informant.

Having heard the rival contentions of the parties and taking into consideration the fact that there was land

Patna High Court CR. MISC. No.49344 of 2021(4) dt.19-07-2022 3/3 dispute between the parties resulted into free fight between both the parties sustaining injuries and further this petitioner is in custody since 22.06.2021, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learnedChief Judicial Magistrate, East Champaran, Motihari in connection with Rajepur P.S.Case No. 40 of 2020 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

N.K/- (Harish Kumar, J) U T