Dinanath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8654 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

DINANATH MAHTO S/o Late Ram Chandra Mahto R/o VillageBhakurhar, Ward No.-17, P.S.- Bairgania, Distt- Sitamarhi. 2.

BIKASH KUMAR @ VIKASH KUMAR S/o Dinanath Mahto R/o VillageBhakurhar, Ward No.-17, P.S.- Bairgania, Distt- Sitamarhi. 3.

AKASH KUMAR S/o Dinanath Mahto R/o Village- Bhakurhar, Ward No.- 17, P.S.- Bairgania, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 324, 307, 354(B), 379, 504 and 506 of the Indian Penal Code. Allegation is that on 29.09.2021 at about 6:30 pm, informant's son was sitting at the door when on account of previous entity, informant's patidar and the accused persons, including the petitioners, alongwith 3-4 unidentified accused variously armed came to the house of the informant and started abusing to which the informant objected, thereafter it is alleged that petitioner no.1 gave orders to kill and assaulted informant's son with a knife which hit on the left side of his head causing

Patna High Court CR. MISC. No.8654 of 2022(2) dt.02-09-2022 2/2 injury, petitioner no.3 assaulted with knife on rib of informant's son causing injury, petitioner no.2 assaulted informant's son with knife on back injuring him, thereafter the other accused persons also assaulted him and when family members intervened, the daughter-in-law of the informant was disrobed. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case and the present occurrence took place on account of land dispute.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is specific allegation against the petitioners of assaulting the son of the informant by knife causing injury on various parts of the body including vital parts.

Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend privilege of anticipatory bail to the petitioners. Their prayer for anticipatory bail is thus rejected.

(Satyavrat Verma, J) Rishi/GauravU T