Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 17331 (PAT)

Jairam Mahto v. The State of Bihar

/11288/2025 · 2025-03-27

Anil Kumar Sinha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11288 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Jairam Mahto Son of Subhash Mahto Resident of Village- Mahuani, Bintoli, P.s.- Awtarnagar, Distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Krishna Kumar Yadav, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 27-03-2025 1. Heard learned Counsel for the petitioner and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Awtarnagar PS case no. 244 of 2024 dated 18.09.2024, disclosing offences punishable under Section 109 and other allied sections of B.N.S. Act. 3. The prosecution story, as per the First Information Report, is that on 15.09.2024 at about 4.15 pm, while the informant was at his hardware shop, petitioner along with other accused persons armed with farsa, iron rod etc., entered into the shop of the informant and started abusing and when the informant protested, petitioner assaulted him with farsa on his head, due to which, he fell down. It is alleged that other accused persons assaulted the informant with rod, lathi and danda. Patna High Court CR. MISC. No.11288 of 2025(2) dt.27-03-2025 2/3 4. Learned Counsel for the petitioner submits that both parties are co-villagers and there is previous dispute between them. The side of the petitioner has also lodged Awatar Nagar PS Case No. 247 of 2024 against the informant and others. Referring to injury report, learned counsel submits that allegation in the F.I.R. is that petitioner assaulted by farsa on the head of the informant but there is no injury on the head of the informant rather the injury is on the hand of the informant, which is simple in nature. 5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-villagers having previous dispute and the injury sustained on the hand of the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6. This application is, accordingly, allowed. 7. Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released 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 J.M. 1st class, Saran at Chapra in connection with Awtarnagar PS case no. 244 of 2024, subject to Patna High Court CR. MISC. No.11288 of 2025(2) dt.27-03-2025 3/3 the condition laid down under Section 482(2) of the Code of Criminal Procedure. rinkee/- (Anil Kumar Sinha, J) U T