Poras Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48589 of 2018 ====================================================== Poras Mahto S/o Fuirtilal Mahto, R/o Vill. and Post Dahiya, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 447, 427, 324, 307, 504, 506 of the Indian Penal Code.

The prosecution case, in brief, is that on protest to cut the grass from his field, the petitioner cut the neck of the informant by Kachiya with intention to kill him.

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. Allegedly, a sharp cut weapon is said to have been used by the petitioner for causing the injury on the neck of the informant. As per injury report, hard and blunt substance is said to have been used to cause

Patna High Court Cr.Misc. No.48589 of 2018 (2) dt.05-10-2018 the injury. As such, the injury report does not corroborate the manner of occurrence.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 47 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T