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Patna High CourtCR. MISC./49130/2018dismissed

Lachandev Mahto v. The State Of Bihar

2018-08-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49130 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Lachandev Mahto, Son of Late Gulchand Mahto, Resident of VillageSenwariya, P.S.- Raxaul, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Raxaul P.S.Case No.115 of 2017 registered for offences punishable under Sections 341, 323, 307, 452, 380, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner is of assault by rod to the informant.

Submission of the learned counsel for the petitioner is that there is land dispute and the cognizance has been taken under Section 380 of the IPC.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that the injuries were found to be grievous in nature..

Patna High Court Cr.Misc. No.49130 of 2018 (2) dt.27-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

TWith the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U