Ramesh Kumar @ Ramesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69037 of 2021 Arising Out of PS. Case No.-191 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== RAMESH KUMAR @ RAMESH MAHTO Son of Shayam Nandan Mahto Resident of Village - Sarariya, Khanjahachak, P.S.- Lalganj, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyank Deepak, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 324, 307, 354, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of assaulting and opening fire upon the father-in-law of the informant, namely, Asharfi Mahto by the accused persons along with this petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that specific allegation against this petitioner is that he shot fire upon the injured Asharfi Mahto which hit on his left hand. It is submitted that according to the injury report of

Patna High Court CR. MISC. No.69037 of 2021(4) dt.03-08-2022 2/2 the injured Asharfi Mahto, the doctor has not opined that the injury caused by firing and the injury opined by the doctor is caused by hard and blunt substance. The supplementary report opined that there is fracture on the digital part of the left part of humerous caused by hard and blunt substance. The doctor has not opined any injury caused by fire arm. He further submits that there is case and counter case between the parties and both parties have sustained injuries as alleged in separate incident. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four 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 ACJM-IX, Hajipur, Vaishali in connection with Lalganj P.S. Case No. 191 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T