Siddheshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53290 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- SILAO District- Nalanda ====================================================== SIDDHESHWAR MAHTO Son of Late Gajadhar Mahto Resident of VillageNiyamat Nagar, Police Station- Silao, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Silao Police Station Case No. 111 of 2019, disclosing offences under Sections 341/323/325/307/504/34 of the Indian Penal Code.

The allegation against the petitioner is that he, along with other accused persons, assaulted the informant by means of khanti in his right hand.

Learned Counsel for the petitioner submits that both the parties are co-villagers and there is land dispute between them. He further submits that there is case and counter case inasmuch as daughter-in-law of the petitioner has lodged Silao Police Station Case No. 112 of 2019 for the same incident. He

Patna High Court CR. MISC. No.53290 of 2019(2) dt.26-08-2019 2/3 further submits that the injuries caused to the informant are simple in nature, except injury no. 2, which has been described as 'dangerous'. He further submits that the injury has been found on the non-vital part of the body of the informant. After having heard learned Counsel for the parties and taking into consideration the fact that both the parties are covillagers, there is case and counter case and the injury caused to the informant is on non-vital part of his body, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Siddheshwar Mahto, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, at Biharsharif, in connection with Silao Police Station Case No. 111 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court CR. MISC. No.53290 of 2019(2) dt.26-08-2019 3/3 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √