Lalan Prasad @ Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73550 of 2018 Arising Out of PS. Case No.-243 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Lalan Prasad @ Lalan Mahto, Son of Late Angnu Mahto, Resident of VillageBagodar, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramashish For the Opposite Party/s :

Mr.Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,307 and 504/34 of the IPC.

The prosecution case is that in the background of dispute over the use of cattle fodder, the petitioner assaulted the informant with Garasa on his head causing bleeding injury. It is further alleged that co-accused Anita Devi assaulted the informant with Khanti on his head.

It is submitted by learned counsel for the petitioner that the injury report is not on record. It is further submitted that the petitioner's side have lodged Fatehpur P.S. Case No. 240 of 2018 at an earlier point of time and the present case has been lodged as a retaliatory measure. Statement has been made in paragraph 3 of

Patna High Court Cr.Misc. No.73550 of 2018(2) dt.20-12-2018 2/2 the petition that the petitioner is not having any criminal antecedent.

Considering the case lodged by the petitioner's side at earlier point of time and the genesis of the occurrence, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM X, Gaya in connection with Fatehpur P.S. Case No.243 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U