Bodi Mahto @ Brijnandan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39743 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- CHANAN District- Lakhisarai ====================================================== BODI MAHTO @ BRIJNANDAN MAHTO Son of Late Ramdhani Mahto Resident of Village - Bhalui, P.S.- Chanan, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2021 Heard Mr. Vijay Kumar, learned Advocate for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Chanan P.S. Case No. 53 of 2020 dated 09.06.2020 instituted for the offences under Sections 448, 341, 323, 354(B), 504 and 506 of the Indian Penal Code.
The accusation against him is of having entered the house of the informant in a state of drunken stupor and of misbehaving with the other members of the family. One Palakdhari Mahto is alleged to have assaulted the father-in-law of the informant. Learned counsel for the petitioner has submitted that the reason for the occurrence as stated in
Patna High Court CR. MISC. No.39743 of 2020(2) dt.08-12-2021 2/2 the FIR is absolutely absurd. The petitioner is said to have stalked the informant for the reason that complaint was made against him about his involvement in illegal trade of liquor.
Learned counsel for the petitioner has submitted that never in the past has he been made accused in any case relating to Excise Act.
The reason for false implication, according to the learned counsel for the petitioner, is a dispute over plucking of vegetables in the field.
Regard being had to the nature of accusation, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Lakhisarai in connection with Chanan P.S. Case No. 53 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T