Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82606 of 2019 Arising Out of PS. Case No.-406 Year-2019 Thana- JAMUI District- Jamui ====================================================== Rajesh Mahto S/o Ajabi Mahto Resident of Amba, P.S. and District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Jamui P.S. Case No. 406 of 2019, registered for the offence punishable under Sections 341, 337, 323, 307, 504, 506 and 34 of the Indian Penal Code.

As per prosecution case, this petitioner is said to have given lathi blow on the head of informant, as a result of which, she sustained injury which is said to be simple in nature. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Both parties are Gotia and there is admitted land dispute. Due to trivial matter, scuffle took place between the parties. Offence under Section 307 of the Indian Penal Code is

Patna High Court CR. MISC. No.82606 of 2019(2) dt.12-12-2019 2/2 not made out. Petitioner has got no criminal antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 406 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U