Saurav Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2575 of 2021 Arising Out of PS. Case No.-628 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== SAURAV MAHTO S/o Gauri Shankar Mahto R/o village- Rahimpur Pachkhuti Kurmi Tola, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2021 Heard Mr. Ram Sumiran Rai, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Khagaria (Mufassil) PS Case No. 628/2019 registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the IPC.

3. The allegation, as per First Information Report, is that the petitioner is alleged to have assaulted the brother of the informant, namely, Rajiv Kumar on his head by means of rod of hand-pump.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. Learned counsel next submits that both the parties are co-sharers and there is land dispute between them. Learned counsel further submits that the injury caused to the brother of

Patna High Court CR. MISC. No.2575 of 2021(3) dt.25-03-2021 2/2 the informant has been found to be simple in nature which would be evident from Annexure-2. Learned counsel also submits that petitioner is in custody since 17.09.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are co-sharers and having land disputes between them and petitioner is in custody since 17.09.2020 and the injury caused to the brother of informant has been found to be simple in nature, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Mufassil) PS Case No. 628/2019 (GR No. 2381/2019).

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T