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Patna High CourtCR. MISC./4439/2022bail granted

Nagendra Mahto v. The State Of Bihar

2022-07-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4439 of 2022 Arising Out of PS. Case No.-182 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

NAGENDRA MAHTO SON OF LATE JIAUTA MAHTO RESIDENT OF VILLAGE- DHARAMPUR ISHAQUE, P.S.- BARURAJ, DISTRICTMUZAFFARPUR 2.

BABU RAM MAHTO SOND OF NAGENDRA MAHTO RESIDENT OF VILLAGE- DHARAMPUR ISHAQUE, P.S.- BARURAJ, DISTRICTMUZAFFARPUR 3.

MANTOSH KUMAR @ MANTISH KUMAR SON OF UPENDRA MAHTO RESIDENT OF VILLAGE- DHARAMPUR ISHAQUE, P.S.- BARURAJ, DISTRICT- MUZAFFARPUR 4.

UPENDRA MAHTO SON OF NAGENDRA MAHTO RESIDENT OF VILLAGE- DHARAMPUR ISHAQUE, P.S.- BARURAJ, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 307, 379 and some other ancillary Sections of the Indian Penal Code As per the prosecution case, on 10.09.2020 while son of the informant went to meet the call of nature, all the petitioners intercepted him and assaulted him with Lathi, Danda and iron rod. It is further alleged that they snatched his golden chain and touch screen mobile. Petitioner No.1 ordered petitioner No.2 to set ablaze the son of informant in the house. When family members of informant and her daughter came to rescue the accused persons assaulted her daughter and snatched

Patna High Court CR. MISC. No.4439 of 2022(2) dt.26-07-2022 2/2 her golden ear ring and Mangalsutra.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that instant case is counter blast of Baruraj PS case No. 181/ 2020 lodged by wife of petitioner No.2 against the son of informant. The case lodged by the petitioners' side is earlier in point of time. The injuries are reported to be simple in nature. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Baruraj PS case No. 182/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T