Mahavir Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5257 of 2022 Arising Out of PS. Case No.-697 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

MAHAVIR MAHTO Son of Late Rama Mahto Resident of Village - Jaukatiya, Police Station- Majhaulia, District- West Champaran. 2.

Ranjeet Kumar Son of Mahavir Mahto Resident of Village - Jaukatiya, Police Station- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.

Permission is accorded.

The petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner no. 2 is a person with clean antecedent, is a young boy of 18 years of age and is alleged to have assaulted the daughter

Patna High Court CR. MISC. No.5257 of 2022(2) dt.18-08-2022 2/3 of the informant with lathi on her waist.

Learned counsel for the petitioner submits that the parties are agnates, the present occurrence took place on account of land dispute, there is a case and counter case between the parties and Majahuliya P.S. Case No. 679 of 2020 was registered against the informant and others. Learned counsel submits that even presuming what has been alleged is true without admitting for the purposes of anticipatory bail then the allegation against this petitioner is of assaulting the daughter of the informant by lathi on her waist i.e., on the non-vital part of the body thus it is submitted that petitioner has been falsely implicated in the present case with his entire family members and the petitioner is a young boy of 18 years and his entire career would be jeopardized, if he is sent to jail. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.5257 of 2022(2) dt.18-08-2022 3/3 the learned court below where the case is pending/successor court in connection with Majhauliya P.S. Case No. 697 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T