Gobind Mahto @ Mantu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23349 of 2021 Arising Out of PS. Case No.-342 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

GOBIND MAHTO @ MANTU MAHTO SON OF BASATH MAHTO R/O VILLAGE- RANI PAKARI, P.S.- BETTIAH MUFFASIL, DIST.- WEST CHAMPARAN 2.

BRIJESH MAHTO SON OF BASATH MAHTO R/O VILLAGE- RANI PAKARI, P.S.- BETTIAH MUFFASIL, DIST.- WEST CHAMPARAN 3.

MUKESH MAHTO SON OF BASATH MAHTO R/O VILLAGE- RANI PAKARI, P.S.- BETTIAH MUFFASIL, DIST.- WEST CHAMPARAN 4.

SIPAHI MAHTO SON OF DHOOMAN MAHTO R/O VILLAGE- RANI PAKARI, P.S.- BETTIAH MUFFASIL, DIST.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashishtha Naryan Mishra For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bettiah Muffasil P.S. Case No. 342 of 2020 instituted for the offences under Sections 447, 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code. The petitioners are alleged to have assaulted the

Patna High Court CR. MISC. No.23349 of 2021(2) dt.24-05-2022 2/3 members of the prosecution party.

It has been submitted on behalf of the petitioners that the accusation against the petitioner nos. 1, 2 and 3 is absolutely general and omnibus. Four persons have been injured in the occurrence. The informant and Sadhu Yadav as well as Jitendra Yadav have received simple injuries except for one injury on the person of the informant, which has been opined to be grievous. The aforesaid injury is not not attributable to anyone of the petitioners. Apart form this, it has been submitted that one Sanjay Yadav also has been injured in the occurrence but there is no injury report of Sanjay on record.

The learned counsel for the petitioners has further submitted that wife of petitioner no. 3 has also filed a case vide Bettiah Muffasil P.S. Case No. 354 of 2020 against the informant and others in which case the petitioner nos. 3 and 4 have also received injuries.

Considering the afore-noted facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.23349 of 2021(2) dt.24-05-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. Case No. 342 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T