Yugal Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17105 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- LODIPUR District- Bhagalpur ====================================================== 1.
Yugal Mahaldar SON OF SONI MAHALDAR RESIDENT OF VILLAGEBISHUNPUR JICHHO, PS- LODIPUR, DIST- BHAGALPUR, 2.
NIRANJAN KUMAR @ NIRANJAN MAHALDAR SON OF YUGAL MAHALDAR RESIDENT OF VILLAGE- BISHUNPUR JICHHO, PSLODIPUR, DIST- BHAGALPUR, 3.
NITISH KUMAR @ NITISH MAHALDAR SON OF YUGAL MAHALDAR RESIDENT OF VILLAGE- BISHUNPUR JICHHO, PSLODIPUR, DIST- BHAGALPUR, 4.
AMAR KUMAR @ AMAR MAHALDAR SON OF YUGAL MAHALDAR RESIDENT OF VILLAGE- BISHUNPUR JICHHO, PSLODIPUR, DIST- BHAGALPUR, 5.
RAJU MAHALDAR @ RAJESH MAHALDAR SON OF SONI MAHALDAR RESIDENT OF VILLAGE- BISHUNPUR JICHHO, PSLODIPUR, DIST- BHAGALPUR, 6.
MITHUN MAHALDAR SON OF SHYAM MAHALDAR @ NANKU MAHALDAR RESIDENT OF VILLAGE- BISHUNPUR JICHHO, PSLODIPUR, DIST- BHAGALPUR, 7.
SRI RAM MAHALDAR @ SRI RAM KUMAR SON OF SHYAM MAHALDAR @ NANKU MAHALDAR RESIDENT OF VILLAGEBISHUNPUR JICHHO, PS- LODIPUR, DIST- BHAGALPUR, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Lodipur P.S. Case No. 212 of 2023 registered for the
Patna High Court CR. MISC. No.17105 of 2024(2) dt.14-03-2024 2/3 offence punishable under Sections-147, 148, 341, 323, 324, 307, 325, 354, 379, 427, 504, 506 of the Indian Penal Code.
3. Prosecution case in short is that all the accused persons came at the house of the informant and started abusing him. On protest, the accused persons entered into informant's house and assaulted him and his son. The accused persons also damaged household articles. In the next episode of the occurrence, while the informant's son was going to market for doing labour work, in the way, the accused persons assaulted him by means of lathi-danda, iron-rod and sword causing head injury to him.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. Except petitioner Nos. 1, 2 & 3, all the petitioners are members of clean antecedent. So far other petitioners are concerned, one case is pending against them but i.e. not of similar nature. He has further submitted that both the parties are agnates and there is land dispute between the parties. Learned counsel for the petitioners has also submitted that the injuries are simple in nature.
5. Learned APP appearing for the State opposed the prayer for grant of anticipatory bail.
Patna High Court CR. MISC. No.17105 of 2024(2) dt.14-03-2024 3/3
6. Considering the above-mentioned facts and circumstances of the case, let the petitioners named above, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Suchit Bajpai, learned Judicial Magistrate-Ist Class, Bhagalpur in connection with Lodipur P.S. Case No. 212 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C.
(Nawneet Kumar Pandey, J) A.K.V.//- U T