Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11267 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1.

Sanjay Mahto Son Of Late Ganesh Mahato R/V- Hasanpur Bhadvas, P.S.- Mahua, District- Vaishali 2.

Ritik Mahto Son Of Late Ganesh Mahato R/V- Hasanpur Bhadvas, P.S.- Mahua, District- Vaishali 3.

Deepak Mahto Son Of Late Dashrath Mahto R/V- Hasanpur Bhadvas, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Prabhat For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 354(B), 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, all the accused persons including these petitioners surrounded the informant and started abusing him. In the meantime, petitoner no. 1 and petitioner no. 3 assaulted the informant with lathi. It is further alleged that petitioner no. 1 took Rs. 500/- from the pocket of the informant. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.11267 of 2023(2) dt.10-05-2023 2/2 petitioners is not specific rather general and omnibus in nature. He submits that petitioners no. 1 and 3 assaulted the informant, but as per doctor's opinion, the said injury was found simple in nature, the injury report is being enclosed as Annexure-1 to the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned lower Court where the case is pending/successor Court in connection with Mahua P.S. Case No.205 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T