Mahendra Kumar @ Mahendra Mahto @ Mahendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51313 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== MAHENDRA KUMAR @ MAHENDRA MAHTO @ MAHENDRA KUMAR SINGH Son of Nathuni Mahto @ Nathuni Singh Resident of ward no. 10, vill - Raipur Khanua, P.S. - Ujiyarpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

Mr.Kundan Kumar, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Ujiyarpur P.S. Case No.164 of 2023, registered for the offence punishable u/s 147, 149, 341, 323, 308, 504 and 506 of the IPC. 3.

Allegedly, the F.I.R. named accused persons including the petitioner, abused and assaulted the family members of the informant and his cow. Petitioner is alleged to have assaulted the father of the informant with farsa on his head. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever

Patna High Court CR. MISC. No.51313 of 2023(6) dt.27-02-2024 2/2 taken place. Parties are agnates and there is a land dispute between them. For the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injury. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to assault the father of the informant, whose injury was found grievous in nature.

6.

Considering the aforesaid facts and circumstances and the nature of injury inflicted by the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T