Tahalu Mahto @ Shiva Lal Mahto @ Shiva Balak Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1848 of 2021 Arising Out of PS. Case No.-180 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== TAHALU MAHTO @ SHIVA LAL MAHTO @ SHIVA BALAK MAHTO, aged 52 years, Gender-Male, Son of Jhokhan Mahto, Resident of VillageSinghourwa Pandey Tola, Uttari Madhubani, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Madhurendra Kumar, Advocate.

For the Opposite Party :

Mrs. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 324, 325, 307, 354, 379, 504/34 of the I.P.C. and 30 (a), 32 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 10 liters wine is said to have been recovered from the Motorcycle in question. The petitioner assaulted the informant with Iron rod and fractured his left arm.

Patna High Court CR. MISC. No.1848 of 2021(2) dt.24-05-2021 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The injury is said to have been caused on non-vital part of the body of the victim. The petitioner had no intention to commit murder of the victim. Hence, no offence under Section 307 of the I.P.C. is made out. There is no injury report on record. It is alleged that total 10 liters wine is recovered from the Motorcycle in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.

Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Patna High Court CR. MISC. No.1848 of 2021(2) dt.24-05-2021 3/3 learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari, in connection with Sangrampur P.S. Case No. 180 of 2020, 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) U.K./- U T