Udit Kumar @ Udit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21798 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.

Udit Kumar @ Udit Mahto S/O Vijay Mahto R/O Village-Noni, P.S-Tekari District Gaya 2.

Sheo Ranjan Mahto @ Shivranjan Singh S/O Vijay Mahto R/O VillageNoni, P.S-Tekari District Gaya 3.

Sanjeet Kumar @ Sanjeet Mahto S/O Vijay Mahto R/O Village-Noni, P.STekari District Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Tekari P.S. Case no. 267 of 2020 instituted for the offence under Sections 323, 341, 342, 308,447, 504/34 of the Indian Penal Code.

As per allegation in the FIR, over a trivial dispute regarding fitting of pipe under Nal-Jal Pariyajana, petitioners along with others have abused and assaulted to the informant

Patna High Court CR. MISC. No.21798 of 2021(2) dt.20-12-2021 2/3 and his wife on their head.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. General and omnibus allegations have been levelled against them. The specific allegation of giving lathi blow is only against the coaccused Bijay Singh and not against these petitioners. Injury received by Nitu Kumari, wife of the informant is simple in nature which appears from the injury report annexed as Annexure-2 to this petition.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Tekari P.S. Case no. 267 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under

Patna High Court CR. MISC. No.21798 of 2021(2) dt.20-12-2021 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T