Harendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70331 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Harendra Mahto, Son of Sinhasan Mahto @ Sinhasan @ Singhasan Mahto, R/O Village-Bahuara Sujan, P.S.- Kalyanpur, District-East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Ms.Nirmala Kumari, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kalyanpur P.S. Case No. 91 of 2024 instituted for the offence under Sections 341, 342, 323, 324, 307, 504, 506, 379 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with others chased the informant and caught him and on the order of Singhashan Mahto to kill the informant, petitioner gave knife blow to the informant due to which he sustained injury on his head. He again gave knife blow on the back of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.70331 of 2024(5) dt.21-02-2025 2/2 offence. He has falsely been implicated in this case. It is further submitted that though there is allegation of giving knife blow on the back but from perusal of the injury report, it transpires that there is no injury on the back. The informant has received two incised wounds and the nature of injury is simple. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. 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 Kalyanpur P.S. Case No.91 of 2024, 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 C.J.M., East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T