Fuleshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64450 of 2018 ======================================================

1. Fuleshwar Mahto, Son of Manbodh Mahto @ Manbadhi Mahto, Resident of Village- Piyarpurwa, Police Station- Marhowrah, District- Saran (Chapra).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307 of the Indian Penal Code. The prosecution case, in brief, is that having heard the hulla, when the informant went out of the house, he saw that this petitioner was assaulting his uncle with knife and on protest, he was also assaulted.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is no injury report on record to show that offence u/S 307 of the

Patna High Court Cr.Misc. No.64450 of 2018 (2) dt.12-10-2018 Indian Penal Code is made out. Rest of the offences are triable by Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Chapra, District-Saran in connection with Marhowrah P.S. Case No. 267 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T