Tej Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4675 of 2023 Arising Out of PS. Case No.-86 Year-2021 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

Tej Narayan Mahto Son Of Late Bailal Mahto Resident Of Village- Kerwa (Kebra), Khirodani Tole, P.S.- Saharghat, District- Madhubani 2.

Om Prakash Son Of Tej Narayan Mahto Resident Of Village- Kerwa (Kebra), Khirodani Tole, P.S.- Saharghat, District- Madhubani ... ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr Devendra Pd Sinha, Senior Advocate Mr..Kripa Nand Jha, Advocate Ms/Mrs. Sandhya Kri.Sinha, Advocate For the Opposite Party :

Ms/Mrs. Sucheta Yadav, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/379/354/34 and other ancillary sections of the Indian Penal Code.

As per the prosecution case, due to prior dispute petitioner no.1 tried to outrage modesty of wife of informant and petitioner no.2, in drunken stage, is alleged to have assaulted son of the informant with farsa.

Learned counsel appearing for the petitioners submits that the present case has been lodged due to land dispute and to exert pressure to withdraw the pending Partition suit no. 10/2021. Several similarly situated co-accused have already

Patna High Court CR. MISC. No.4675 of 2023(2) dt.09-05-2023 2/2 been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 16960/2022. Petitioners claim clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Benipatti, Madhubani in Saharghat Police Station Case No. 86/2021, GR No. 493/2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T