Ajit Mahto @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67187 of 2021 Arising Out of PS. Case No.-408 Year-2017 Thana- PATORI District- Samastipur ====================================================== AJIT MAHTO @ AJIT KUMAR S/o Ramvrit Mahto R/o Village- Jalalpur, P.S.- Patori (Mohanpur O.P.), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 307, 323, 341, 354, 379, 447 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the accused persons, including the petitioner, came and brutally assaulted the informant and his wife and it is alleged that this petitioner assaulted the wife of the informant on her head by an iron rod causing injury.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, petitioner and the informant are related and are agnates and the

Patna High Court CR. MISC. No.67187 of 2021(2) dt.21-07-2022 2/2 present occurrence took place on account of land dispute. It is next submitted that there is specific allegation of assault against the petitioner causing grievous injury on the head of the informant's wife. Learned counsel submits that no doubt injury is on vital part of the body but then the blow is not repeated and it appears that in the heat of the moment, the occurrence took place.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the injury caused is on vital part of the body and is grievous. Considering the submissions made by the learned A.P.P. for the State, the Court is not persuaded to grant privilege of anticipatory bail to the petitioner.

His prayer for anticipatory bail is thus rejected. In the event, if the petitioner surrenders on or before 10.08.2022, the learned court below shall try to dispose of the case on the same day, if possible.

(Satyavrat Verma, J) Rishi/- U T