Ramdeo Mahto @ Ramdeb Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17644 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- BHEJA District- Madhubani ====================================================== 1.

RAMDEO MAHTO @ RAMDEB MAHTO, S/O SHIBDHAR MAHTO R/O VILLAGE-CHATANWA, P.S.-BHEJA, DISTRICT-MADHUBANI. 2.

BHOLTIYAR MAHTO @ VOLANTIER MAHATO, S/O MOHAN MAHTO R/O VILLAGE-CHATANWA, P.S.-BHEJA, DISTRICTMADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2022 Heard Mr. Hridya Narayan Harshit, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bheja P. S. Case No. 24 of 2020, dated 02.05.2020, corresponding to G.R. No. 653 of 2020, instituted for the offences under Sections 341, 323, 324, 354(A), 307, 379, 504 and 34 of the Indian Penal Code.

Over a dispute regarding construction of a hut

Patna High Court CR. MISC. No.17644 of 2021(2) dt.10-01-2022 2/3 on a land on which the parties are staking their competing claims, an occurrence took place in which two persons have been injured. In the subject F.I.R., the petitioners are said to have assaulted the victims. The injuries are reported to be simple in nature. The injuries suffered by the informant, and which is attributable to petitioner no. 2, was not assessed as some further medical investigation had to be done.

The learned counsel for the petitioners submits that the informant of this case never approached the DMCH for further medical investigation so that the nature of the injuries suffered by him could have been assessed.

It has also been argued that the son of petitioner no. 1 has also filed a case against the informant of the present case. In the occurrence reported in the counter case referred to above, he himself and petitioner no. 1 both, have been injured.

Patna High Court CR. MISC. No.17644 of 2021(2) dt.10-01-2022 3/3 Regard being had to the afore-stated facts and the background of the parties being of common stock, the petitioners, above-named, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Jhanjharpur, District - Madhubani, in connection with Bheja P. S. Case No. 24 of 2020, dated 02.05.2020, corresponding to G.R. No. 653 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

This petition stands allowed.

(Ashutosh Kumar, J) skm/- U T