Lallan Mahato @ Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15324 of 2018 Arising Out of PS.Case No. -121 Year- 2017 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Lallan Mahato @ Lalan Mahto, Son of Late Sri Ram Mahto, Resident of Village- Hakam, P.S.- Mohammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Mohammadpur P.S. Case No. 121 of 2017 registered under Section 147, 148, 149, 341, 323, 325, 307 and 379 of the Indian Penal Code. Petitioner along with four other accused persons are said to have assaulted the daughter-in-law and daughters of the informant and when he rushed to rescue they assaulted him by means of lathi, farsa and tangi inflicting several injuries on his person.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. It is a counterblast of C. Case No.2868 of 2017 filed by co-accused

Patna High Court Cr.Misc. No.15324 of 2018 (02) dt.19-03-2018 - 2 - Kamlawati Devi against the informant and others. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injuries sustained by victims are all simple in nature, barring injury no.2 which is on the shoulder that is on non-vital part of the informant. The injury no.1 which is on the eyebrow of the informant though has been opined by the Medical Officer of Primary Health Centre, Baikunthpur simple in nature but the private doctor has opined the same as grievous but the injury report of the said doctor is not on record. Moreover the assailant of the said injury is not ascertained. The petitioner has been languishing in custody since 05.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Gopalganj in connection with Mohammadpur P.S. Case No.121 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T