Patna High CourtCR. MISC./49825/2017disposed

Manager Mahato And ORS v. The State Of Bihar

2017-11-30Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49825 of 2017 Arising Out of PS.Case No. -361 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Manager Mahato, Son of Late Badri Mahto,

2. Munna Mahato @ Munna Kumar

3. Tunna Mahato @ Tunna Kumar,

4. Junna Mahto @ Jhunna Mahato @ Jhunna Kumar Petitioner No.2 to 4 are Son of Manager Mahato,

5. Raghuvir mahato, S/o Late Ganesh Mahato, All R/o Mathiya, P.S.- Nagar, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Nagar P.S. Case No. 361 of 2017 registered under Section 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that petitioners and informant are Pattidar. The occurrence took place due to land dispute. Title Suit is also pending between the parties.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners no. 3 and 4 by contending

Patna High Court Cr.Misc. No.49825 of 2017 (3) dt.30-11-2017 2/2 that there is direct allegation of assault on the vital part of the body against them. Hence, they do not deserve anticipatory bail. Having considered the facts and circumstances of the case, prayer of the petitioner nos. 3 & 4 are rejected. As far as the application of rest of the petitioners are concerned, their prayer for bail is allowed. Let the above named petitioner nos. 1, 2 & 5 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Gopalganj in connection with Nagar P.S. Case No. 361 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T