Lachchandeo Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76834 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- RAXAUL District- East Champaran ====================================================== Lachchandeo Mahto, aged about 50 years, male, Son of Gulchand Mahto Resident of Village- Senwariya, P.S.- Raxaul, District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Ranjana Srivastava For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 06.08.2019 in connection with Raxaul P.S. Case No.115 of 2017 registered for the offence under Sections 341, 323, 307, 452, 380, 504/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that he has been falsely implicated in connection with the present case due to the land dispute. It is further submitted that the allegation of theft under Section 380 of the I.P.C. and also Section 307 of the I.P.C. are in addition and there was no intention to commit murder as has been alleged. It is submitted that though there is an allegation that Lachchandeo Mahto (petitioner) had attacked the informant with an iron rod. There was no repetition of blow
Patna High Court CR. MISC. No.76834 of 2019(2) dt.04-12-2019 2/2 to attract the provisions of Section 307 of the I.P.C. In view of the aforementioned facts and circumstances of the case and that there is land dispute between the parties and they are agnates and also because petitioner has got no criminal antecedent, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., East Champaran in connection with Raxaul P.S. Case No.115 of 2017. (Anjana Mishra, J) Vikash/- U T