Jawahir Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1450 of 2022 Arising Out of PS. Case No.-679 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Jawahir Mahato Son Of Late Rama Mahto Resident Of Village- Chhota Mallahi Tola, Ward No. 11, Jaukatia, Police Station- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Majhaulia P.S. Case no. 679 of 2020 instituted for the offence under Sections 448, 341, 323, 325, 379, 307, 427, 504, 506/34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and her husband by means of khanti on their head by the petitioners and other co-accused persons as a result of which both have received head injury.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged

Patna High Court CR. MISC. No.1450 of 2022(2) dt.26-07-2022 2/2 occurrence. They have got no criminal antecedent. Prosecution report is not corroborated by the injury report. As per injury report, injuries were caused by hard and blunt substance but as per allegation made in the FIR, they have received injury by khanti blow, which is a sharp cutting weapon, which falsify the prosecution story.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Majhaulia P.S. Case no. 679 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U