Ram Balak Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14789 of 2022 Arising Out of PS. Case No.-109 Year-2021 Thana- GHOSWARI District- Patna ====================================================== 1.

RAM BALAK MAHTO S/O LATE JODHI MAHTO R/o village- Dhanak Dobh, P.S.- Ghoswari, District- Patna.

2.

Baudhu Mahto @ Ranjeet Kumar S/o Ram Balak Mahto R/o villageDhanak Dobh, P.S.- Ghoswari, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Ghoshwari P.S. Case No.109 of 2021, registered for the offences punishable under Sections 341, 323, 447, 307, 379, 504 and 34 of the Indian Penal Code.

The petitioners are said to have surrounded the informant. Co-accused, Ranjeet Kumar assaulted the informant by means of iron rod on his head causing injury on his head. Petitioner No.2 is said to have taken away cash of Rs.10,000/- kept in a bag. It is also alleged that the accused persons are said to have assaulted the informant indiscriminately by means of lathi. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that there is case and counter

Patna High Court CR. MISC. No.14789 of 2022(2) dt.11-08-2022 2/2 case between the parties and both sides sustained injuries. The injuries are simple in nature. It is also submitted that the occurrence took place on 29.08.2021 and FIR was lodged on 01.09.2021. It is lastly submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts that there is delay in lodding the FIR and the injuries sustained by the injured person are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Ghoshwari P.S. Case No.109 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T