Jogi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81156 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- LAURIA District- West Champaran ====================================================== Jogi Mahto Son of Late Bhikhi Mahto Resident of Village - Dumara Bhat, P.S.- Lauriya, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2020 Supplementary affidavit has been filed on behalf of the petitioner. Let the same be kept on record. Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lauriya P.S. Case No. 112 of 2019 registered for the offence punishable under sections 147, 148, 323, 324, 325, 307, 448, 380 and 504 of the Indian Penal Code.

As per allegation in the F.I.R., over a flow of drain water, there was dispute between the informant and the family of the petitioner, who are neighbors. It is stated that on the orders of the petitioner, Akhilesh Mahto struck with an iron rod causing injury on the arm of the informant. It is further stated that

Patna High Court CR. MISC. No.81156 of 2019(2) dt.24-02-2020 2/2 Mithlesh Rao has assaulted with farsa on the head of Jaikishore Mahto, son of the informant.

It is stated by learned counsel for the petitioner that there is case and counter case between the parties and good sense having prevailed, the parties do not want to pursue this case, which would be evident from Annexure-3 to this application.

Having heard learned counsels for the parties and taking into consideration the fact that no overt act is alleged against the petitioner, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender, he will 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 learned A.C.J.M.-1st Class, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 112 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T