Shyam Sundar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7041 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== 1.
SHYAM SUNDAR MAHTO S/o Late Satyadeo Mahto Resident of VillageKamalpur, P.S.- Laukaha, District- Madhubani. 2.
Ravi Shankar Mahto @ Om Shankar S/o Ram Chandar Mahto Resident of Village - Kamalpur, P.S.- Laukaha, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 and 302 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that on account of land dispute, the occurrence took place and Manoj Kumar Mahto assaulted him by farsa on his head causing injury and Manish Kumar Mahto snatched Rs.5,000/- from his pocket. The informant died
Patna High Court CR. MISC. No.7041 of 2022(2) dt.30-08-2022 2/3 during the course of treatment.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assaulting the informant by farsa on his head is on Manoj Kumar Mahto and as far as the petitioners are concerned, the allegation against them is general and omnibus in nature. He further submits that the informant and the accused persons including the petitioners are related to each other and from the side of the petitioners also Laukaha P.S. Case No. 66 of 2021 was instituted against the side of the informant and others.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Laukaha
Patna High Court CR. MISC. No.7041 of 2022(2) dt.30-08-2022 3/3 P.S. Case No. 67 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T