Prayag Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14099 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Prayag Mahto, aged about 42 years, Male, Son of Late Rajendra Mahto 2.

Jodha Mahto, aged about 30 years, Male, Son of Late Rajendra Mahto Both are Resident of Village- Singhiya Gumti, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Sinha, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Jitendra Sinha, learned counsel appearing on behalf of the petitioners and Mr. Kumar Veerendra Narayan, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Turkauliya (Banjariya) P.S. Case No. 331 of 2023 dated 16.03.2023 registered for the offence(s) punishable under Sections 447, 341, 323, 324, 307, 354, 379, 506 and 504/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, petitioners along with other co-accused persons had assaulted the informant, his wife and his brother, as a result of which, they sustained injury.

Patna High Court CR. MISC. No.14099 of 2024(2) dt.12-03-2024 2/2

4. Learned counsel appearing on behalf of the petitioners submitted that there is case and counter case between the parties due to land dispute. Both the parties are neighbours and they entered into fierce fight during which, in self defence, without intention, the petitioners and other accused persons may have caused some injury on the person of the informant, his wife and his brother. Petitioners have clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 6, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 331 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Sanjay/- (Purnendu Singh, J) U T