Allowed

Birendra Mahto v. The State of Bihar

Patna HC2 Jul 2021CR. APP (SJ)/1275/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the rejection of anticipatory bail. It noted a discrepancy between the FIR alleging a common assault on ten persons by ten accused and the informant's self-inflicted injuries due to a fall while cutting a tree, leading to the bail order being set aside and bail granted.

What did the court decide?

The order dated 01.12.2020 rejecting anticipatory bail is set aside. The appellants are directed to be released on bail upon furnishing bonds.

Birendra Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1275 of 2021

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Arising Out of PS. Case No.-34 Year-2020 Thana- SC/ST District- Sitamarhi

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

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BIRENDRA MAHTO Son of Dular Mahto R/o Village- Soharwa, P.S.Sonbarsa, District- Sitamarhi.

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Amrita Devi Wife of Birendra Mahto R/o Village- Soharwa, P.S.- Sonbarsa, District- Sitamarhi.

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Jitendra Rai Son of Hulash Rai R/o Village- Soharwa, P.S.- Sonbarsa, District- Sitamarhi.

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Ramnandan Mahto Son of Sonfi Mahto R/o Village- Soharwa, P.S.Sonbarsa, District- Sitamarhi.

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Kaushaliya Devi @ Koshila Devi Wife of Ramnandan Mahto R/o VillageSoharwa, P.S.- Sonbarsa, District- Sitamarhi.

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Yogendra Mahto Son of Dular Mahto R/o Village- Soharwa, P.S.- Sonbarsa, District- Sitamarhi.

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Phool Kumari Devi Wife of Yogendra Mahto R/o Village- Soharwa, P.S.Sonbarsa, District- Sitamarhi.

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Ram Bishwash Thakur Son of Ramrup Thakur R/o Village- Soharwa, P.S.Sonbarsa, District- Sitamarhi.

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Surendra Singh @ Surendra Mahto Son of Dular Mahto R/o VillageSoharwa, P.S.- Sonbarsa, District- Sitamarhi.

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Shobha Devi Wife of Surendra Singh @ Surendra Mahto R/o VillageSoharwa, P.S.- Sonbarsa, District- Sitamarhi.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Ashok Kumar Jha For the Respondent/s : Mr. Binay Krishna, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER Heard Mr. Ashok Kumar Jha, learned counsel for

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2 02-07-2021

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Patna High Court CR. APP (SJ) No.1275 of 2021(2) dt.02-07-2021 2/4

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the appellants and Mr. Binay Krishna, learned Special Public Prosecutor for the State.

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The appellants have challenged the order dated 01.12.2020 passed by the learned 1^st Additional Sessions Judge -cum-Special Judge, SC/ST Act, Sitamarhi in A.B.P. No. 1529 of 2020 /188 of 2020 arising out of Sitamarhi SC/ST P.S. Case No. 34 of 2020, whereby the prayer made on behalf of the appellants for grant of anticipatory bail for the offences under Sections 341, 323, 324, 447, 504, 506 and 34 of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Act has been rejected.

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The appellants are stated to have assaulted the informant and abused him by taking his caste name.

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Learned counsel for the appellants has submitted that the occurrence is said to have taken place on 01.09.2020 but the F.I.R has been lodged on 07.09.2020. It has further been submitted that the informant was trying to cut a tree which was standing in the land of the appellants and when he was spotted and was forbade from doing so, he tried to come down from the tree but in the process, he

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Patna High Court CR. APP (SJ) No.1275 of 2021(2) dt.02-07-2021 3/4

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injured himself. Precisely for this reason, it took him seven days to lodge the F.I.R. The injury suffered by him is in the nature of abrasion which does not appear to be consonant with the accusation in the F.I.R. of ten persons assaulting him. Thus, it has been submitted that the assertion of the appellants that the informant himself received injuries while trying to run away from the place where he was attempting to cut away a tree belonging to the appellants, has substance.

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Regard being had to the afore-stated circumstances, this appeal is allowed.

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The the order dated 01.12.2020 passed by the learned 1^st Additional Sessions Judge -cum-Special Judge, SC/ST Act, Sitamarhi is set aside.

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The appellants, above named, are directed to be released on bail in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt /production of a copy of this order on his furnishing bail bonds in the sum of Rs. 10,000 (Rs. Ten Thousand) with two sureties of like amount each to the

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Patna High Court CR. APP (SJ) No.1275 of 2021(2) dt.02-07-2021 4/4

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satisfaction of learned 1^st Additional Sessions Judge -cumSpecial Judge, SC/ST Act, Sitamarhi in connection with

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Sitamarhi SC/ST P.S. Case No. 34 of 2020.

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(Ashutosh Kumar, J)

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sunilkumar/-

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U T

Birendra Mahto v. The State of Bihar

Case brief

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Birendra Mahto v. The State of Bihar

Case brief

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