Dismissed

Pawan Mahto v. The State Of Bihar

Patna HC20 Sept 2018CR. MISC./51689/2018

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a criminal case alleging an iron rod assault. The single-judge Bench dismissed the application, noting grievous injury and lack of compromise at the time of hearing, though surrender within four weeks for regular bail considerations were allowed.

What did the court decide?

Application for anticipatory bail dismissed. Order recorded subject to surrender within four weeks.

Pawan Mahto Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.51689 of 2018

¶3

Arising Out of PS.Case No. -6 Year- 2018 Thana -BAHADURPUR District- DARBHANGA

¶4

===========================================================

¶5

Pawan Mahto S/o Jai Kishun Mahto, R/o Vill./Mohalla- Ganj Bajitpur, P.S.Bahadurpur , Distt.- Darbhanga.

¶6

.... .... Petitioner/s

¶7

Versus

¶8

The State of Bihar

¶9

.... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

¶10

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

¶11

Date: 20-09-2018

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner apprehends arrest in Badadurpur P.S. Case No. 6 of 2018 dated 06.01.2018 instituted under Sections 147/148/149/447/341/323/324/307/379/504/506 and 509 of the Indian Penal Code.

¶15

The allegation against the petitioner is of inflicting Iron Rod blow on the head of the informant as well as his father and also assault on other family members.

¶16

Learned counsel for the petitioner submitted that he has been falsely implicated and was not even present at the place of occurrence. It was submitted that others have been granted bail by the Court below. It was further submitted that the parties have

¶17

Patna High Court Cr.Misc. No.51689 of 2018 dt.20-09-2018

¶18

2/2

¶19

compromised the issue in Panchayati and, thus, now there is peace among the parties.

¶20

Learned A.P.P. submitted that the petitioner is the sole person who has been named as the assailant inflicting Iron Rod blow on the head of the informant as well as his father and the injury report corroborates the fact that grievous injury on head showing fracture of left frontal bone, which is vital part of the body, had been found on the father of the informant. It was further submitted that the persons having no direct or specific allegation have moved the Court below seeking regular bail and, thus, the petitioner should follow the same procedure.

¶21

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

¶22

Accordingly, the application stands dismissed.

¶23

However, if the petitioner surrenders before the Court

¶24

below within four weeks from today and seeks Regular bail, the same shall be considered taking into consideration the fact that the parties now have compromised the matter.

¶25

(Ahsanuddin Amanullah, J)

¶26

P. Kumar

¶27

AFR/NAFR U T

Pawan Mahto v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Pawan Mahto v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sk. Ashgar Ali @ Aungrej @ Ashgar Ali Vs The State Of Bihar

Sita Devi Vs The State Of Bihar and Ors.

Santosh Mahto Vs The State Of Bihar

Md. Jahangir and Anr. Vs The State Of Bihar

Bundi Paswan @ Bunpi Paswan and Ors. Vs The State Of Bihar

Lakshman Kumar and Anr. Vs The State Of Bihar