Patna High CourtCR. MISC./81230/2019bail granted

Sanjay Mahto v. The State Of Bihar

2020-02-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81230 of 2019 Arising Out of PS. Case No.-1085 Year-2019 Thana- NAWADA District- Nawada ====================================================== SANJAY MAHTO Son of Late Dayali Mahto Resident of Village - Harla, P.S.- Town ( Kadirganj O.P), District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsels for the petitioner, State and learned counsel for the informant.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,307 and 379 of the IPC.

It is alleged that on 12.9.2019 when the informant was irrigating his land, in the meantime, the petitioner and other accused persons came, stopped the pumping set engine and thereafter the petitioner assaulted with Khanti on the head of the informant. It is further alleged that the accused persons took gold chain of the informant worth rupees seventy thousand. It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled and the injury has been found to be simple in nature. Though the

Patna High Court CR. MISC. No.81230 of 2019(2) dt.14-02-2020 2/2 petitioner is accused in another case but in the said case he has not been sent up for trial.

Learned counsel for the informant submits that the accusation of assault is specific against the petitioner. Considering the genesis of the occurrence, there is no accusation of repeating the blow, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Town (Kadirganj OP) P.S. Case No.1085 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U