Parikshan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8855 of 2022 Arising Out of PS. Case No.-288 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== 1.
Parikshan Mahto S/O Late Sohan Mahto Resident Of Village- Fanda, P.S.- Paru, District- Muzaffarpur 2.
Naresh Mahto S/O Nandu Mahto Resident Of Village- Fanda, P.S.- Paru, District- Muzaffarpur 3.
Tuntun Kumar @ Tuntun Mahto S/O Parikshan Mahto Resident Of VillageFanda, P.S.- Paru, District- Muzaffarpur 4.
Amir Kumar @ Amir Mahto S/O Parikshan Mahto Resident Of VillageFanda, P.S.- Paru, District- Muzaffarpur 5.
Gareeb Kumar @ Gareeb Mahto S/O Prikshan Mahto Resident Of VillageFanda, P.S.- Paru, District- Muzaffarpur 6.
Ram Ishwar Mahto S/O Late Janki Mahto Resident Of Village- Fanda, P.S.- Paru, District- Muzaffarpur 7.
Rameshwar Mahto S/O Late Janki Mahto Resident Of Village- Fanda, P.S.- Paru, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 354, 427, 307, 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.8855 of 2022(2) dt.03-08-2022 2/3 Petitioners are said to have assaulted the informant by means of lathi, danda and iron rod as a result of which he sustained head injury.
It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He submits that there is general and omnibus allegation levelled against the petitioners. Petitioners and informant are neighbours to each other. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.8855 of 2022(2) dt.03-08-2022 3/3 learned court below where the case is pending/successor court in connection with Paru P.S. Case No. 288 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T