Sikandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1359 of 2021 Arising Out of PS. Case No.-152 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== SIKANDRA MAHTO son of Late Nandlal Mahto Resident of VillageShobhan, P.S.- Khanpur, District- Samastipur ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 307, 323, 324, 34, 341, 379 and 504 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused person assaulted the informant with fists and slaps and also pressed the neck of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.1359 of 2021(2) dt.25-06-2021 2/2 present case. There is no injury report on record to show that petitioner committed any offence under section 307 IPC. The alleged occurrence is said to have taken place on 3.11.2019 but the case was instituted on 7.11.2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Samastipur in connection with Khanpur P.S. Case No. 152 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T