Lagina Mahto @ Lago Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64389 of 2021 Arising Out of PS. Case No.-501 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Lagina Mahto @ Lago Mahto S/o- Vimal Mahto Resident of Village - Nagdah, P.S. - Muffasil (Singhoul), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Begusarai Muffasil (Singhoul) P.S. Case No. 501 of 2017 registered for the offence under Sections 341, 307, 386, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 25.06.2021.

The allegation against the petitioner is to extort informant, where a demand of Rs.50,000/- was made and as informant failed to pay extortion money firing was made upon

Patna High Court CR. MISC. No.64389 of 2021(3) dt.15-10-2022 2/3 him, causing injury over thigh, having intention to cause death. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated due to local disputes and differences. It is further pointed out that the case under Section 386 is not made out against petitioner, as nothing was delivered in furtherance of the threat, as alleged to be advanced by this petitioner. It is further submitted that injury is on the non-vital part of the body which negate that petitioner was under no intention to cause death. While concluding the argument, it has been submitted that the matter has been compromised between the parties and moreover, investigation has been completed long back, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and also considering the custody period coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Begusarai Muffasil P.S. Case No. 501 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.64389 of 2021(3) dt.15-10-2022 3/3 learned Chief Judicial Magistrate, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T