Motilal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45281 of 2024 Arising Out of PS. Case No.-345 Year-2023 Thana- MASHRAK District- Saran ====================================================== Motilal Mahto, S/o Late Ram Ayodhya Mahto, R/o Gandaman, P.S. - Mashrakh, Distt. - Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Mashrakh P.S. Case No. 345 of 2023, instituted under Sections 341, 323, 324, 325, 307, 379 and 34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, petitioner along with F.I.R. named accused persons are alleged to have assaulted the informant and his family members causing injury. The accused persons also made firing in air.
4. Learned counsel for the petitioner submits that petitioner and informant are neighbours. Altercation was taken place due to previous land dispute and there is case and counter case between the parties. Allegation against the petitioner is that
Patna High Court CR. MISC. No.45281 of 2024(2) dt.24-07-2024 2/2 he has assaulted the informant with rod on his left leg but injury on the informant is simple in nature. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Mashrakh P.S. Case No. 345 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T