IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36720 of 2020

Arising Out of PS. Case No.-40 Year-2020 Thana- RAJEPUR District- East Champaran

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RAJESH MAHTO Son of Upendra Mahto Resident of Village- Maniarpur,

P.S.- Rajepur, Distt- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Umesh Chandra Verma

For the Opposite Party/s :

Mr. APP

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL ORDER

2

01-02-2021

Heard both sides.

The petitioner seeks bail in Rajepur P.S. case No.

40/2020 registered u/s 341, 323, 307, 379, 504/34 of the IPC.

The informant, Baldeo Mahto, named seven persons

and alleged that Marachiya Devi caught hair of her daughter-in-

law and put her down on the ground. She started assaulting her.

When the informant went to save her daughter-in-law other

accused persons came and started assaulting the informant. It is

alleged that when his son Raushan and Bijali Mahto came to

save Lakhindra Mahto assaulted Raushan with iron rod on his

head. Raushan fell down on the ground. Other accused persons

started assaulting Bijali Mahto. The petitioner is not the

assailant of Raushan. The petitioner is only alleged to have

snatched Rs. 5000/- from the pocket of the informant.

The learned counsel for the petitioner submits that the

learned Additional Sessions Judge discussed the entire facts in

his order and discussed only injury found on the person of

Raushan. The assailant of Raushan is Lakhindra Mahto.

Patna High Court CR. MISC. No.36720 of 2020(2) dt.01-02-2021

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Annexure-2 is injury report of Raushan from which it would

appear that the doctor found three injuries on the person of

Raushan, that is, nasal bleeding, pain and swelling in head and

swelling in both eyes. All the three injuries appeared to be on

account of injury on head caused by Lakhindra Mahto. There is

no injury report of Bijali Mahto and Baldeo Mahto on record.

The petitioner is in custody since 18.08.2020.

Taking into consideration the facts that petitioner is

not the assailant of Raushan and allegation against the petitioner

in the FIR is omnibus and general that petitioner assaulted Bijali

Mahto and snatched Rs. 5000/- from the pocket of informant for

which the petitioner is in custody since 18.08.2020, the

petitioner, above named, is directed to be enlarged on bail on his

furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

two sureties of the like amount each to the satisfaction of the

learned Sub divisional Judicial Magistrate, Sadar, Motihari in

connection with Rajepur P.S. case No. 40/2020.

BKS/-

(Prabhat Kumar Jha, J)

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