Ravindra Mahto @ Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16010 of 2024 Arising Out of PS. Case No.-610 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Ravindra Mahto @ Ravindra Kumar Son Of Late Vishwanath Mahto Resident Of Village-Banjariya Sahu Tola, P.S.-Banjariya, District-East Champaran.
2.
Dinanath Mahto @ Dinanath Kumar Son Of Late Ganesh Mahto Resident Of Village-Banjariya Sahu Tola, P.S.-Banjariya, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Turkauliya (Banjariya) P.S. Case No. 610/2023 dated 28.05.2023 registered for the offences punishable u/ss 147,148,149,341,323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, when the informant and his nephew was returning from bank after withdrawing Rs. 1,18,000/-. In the meantime, the petitioner No. 1 stopped the informant's motorcycle on the point of pistol and the petitioner
Patna High Court CR. MISC. No.16010 of 2024(2) dt.19-03-2024 2/3 No. 2 along with other co-accused persons armed with deadly weapons surrounded the informant and tried to snatch the informant's motorcycle. On protest, the petitioner No. 1 also assaulted on the head of the informant with butt of the pistol and the petitioner No. 2 assaulted on the head of informant's nephew, causing injury.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is a case and counter case between the parties. Learned counsel has submitted that the injuries are simple in nature. The petitioner had no intention to kill the informant and his nephew.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned,
Patna High Court CR. MISC. No.16010 of 2024(2) dt.19-03-2024 3/3 Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 610/2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T