Ram Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85871 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== Ram Pramod Mahto, S/o Tej Narayan Mahto R/o village- Bujrugduar, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection with Khanpur P.S. Case No.82 of 2019, registered for the offence punishable under Sections 307, 323, 324, 337, 341, 34 of the Indian Penal Code.

The allegation against the petitioner as per First Information Report is that when the informant went to marriage ceremony near his house at about 12:30 A.M. in the night, the petitioner assaulted him by means of spade on his head causing him head injury.

Mr. Ajay Kumar Thakur, learned counsel appearing for the petitioner submits that petitioner has not committed any offence in the manner alleged inasmuch as from the injury report of the informant, it would be evident that though doctor has

Patna High Court CR. MISC. No.85871 of 2019(3) dt.18-03-2020 2/2 described the injury as grievous but the weapon used for assaulting the informant has not been ascertained by the doctor. Learned counsel further submits that from perusal of the First Information Report as well as Annexure-2 series, it would be evident that there is land dispute between the parties and the informant has sustained injury somewhere else. Learned counsel further submits that subsequently mother of the petitioner has been murdered by the side of the informant for which Khanpur P.S. Case No.117 of 2019 under Section 302 has been lodged by the side of the petitioner and the petitioner is in custody since 05.11.2019. After having heard learned counsel for the parties and taking into consideration the fact that there is land dispute between the parties and both the parties are neighbours and the petitioner is in custody since 05.11.2019, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur, in connection with Khanpur P.S. Case No.82 of 2019.

sanjeev/- (Anil Kumar Sinha, J) U T