Anandi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.18441 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- MOKAMAH District- Patna ====================================================== 1.
ANANDI MAHTO SON OF SRI BAHADUR MAHTO RESIDENT OF VILLAGE- SULTANPUR , P.S MOKAMA, DIST- PATNA 2.
SURAJ KUMAR SON OF SRI BAHADUR MAHTO RESIDENT OF VILLAGE- SULTANPUR, P.S MOKAMA, DIST- PATNA ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners.
The petitioners apprehend their arrest in connection with Mokama P.S. Case No. 179 of 2020, registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.
As per allegation, at about 1 pm the informant was standing near a tree, meanwhile, all the FIR named accused persons reached there with lathi, danda etc. and badly assaulted him. The allegation against the present petitioner is of assaulting
Patna High Court CR. MISC. No.18441 of 2021(2) dt.21-01-2022 2/3 the informant on his head by iron rod.
Learned counsel for the petitioners has submitted that both the parties are agnates and there is land dispute between the parties. He has also submitted that there is case and counter case between the parties. The persons of both sides have been injured.
Learned Additional Sessions Judge-II, Barh has also mentioned in his order that there is land dispute between the parties. After quoting the paragraph No. 3 and 9 the learned Additional Sessions Judge has mentioned that two persons were injured but the nature of injury has not been mentioned in that order.
Considering the above-mentioned facts and circumstances, it appears that there is case and counter case and both sides have sustained injuries.
Considering these facts, let the petitioners be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, II, Barh in connection with Mokama P.S. Case No. 179 of 2020, subject to the conditions as laid down under
Patna High Court CR. MISC. No.18441 of 2021(2) dt.21-01-2022 3/3 Section 438(2) Cr.P.C.
Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) SONALI/- U T