Lalan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7541 of 2017 Arising Out of PS.Case No. -117 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lalan Mahto Son of Late Nath Mahto Resident of Lgunaha, Boring Tola, P.S. - Chanpatiya, District - West Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 341, 342, 447, 323 and 307/34 of the Indian Penal Code.
Heard learned counsel for the petitioner.
It has been submitted on behalf of the petitioner that the dispute arose with respect to falling of rain water. There is case and counter case between the parties. F.I.R. has been lodged six days after the occurrence. Allegation against the petitioner is that he assaulted by farsa on the head but the injuries are simple in nature. Other co-accused having similar allegation has already been granted anticipatory bail by this Court vide Annexure-4 to the present application.
Heard learned A.P.P. also, who has opposed the
Patna High Court Cr.Misc. No.7541 of 2017 (2) dt.23-02-2017 2/2 prayer for anticipatory bail.
Having heard both sides, in view of the fact that there is case and counter case, delay in lodging the F.I.R. and the injuries are simple in nature, let above named petitioner, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Assistant Chief Judicial Magistrate-V, Bettiah, West Champaran, in connection with Chanpatiya P.S. Case no. 117 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the investigation and make himself available before the police as and when required. (Vinod Kumar Sinha, J) sudip/- U T