Motilal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74538 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== MOTILAL MAHTO Son of Late Ravan Mahto Resident of Village- Belwa, Piparpati, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 324, 325, 379, 504, 34 of the Indian Penal Code. According to FIR, it is a case of assaulting to the informant by the accused persons including the petitioner due to which he sustained injury. During course of this incident, it is alleged that the petitioner gave Farsa blow upon the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is pattidar of the informant and there is an admitted land dispute between them due to which the petitioner has falsely been implicated in this case. As per FIR, the allegation

Patna High Court CR. MISC. No.74538 of 2022(3) dt.19-06-2023 2/2 has been made against the petitioner is that he assaulted the informant by means of Farsa whereas, the injury report shows that the injury caused by hard and blunt substance which does not in-consonance with the prosecution version. It is further submitted that the petitioner is languishing in judicial custody since 14.8.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramgarhwa P.S. Case No. 84 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Raxaul at Motihari, East Champaran.

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