Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16853 of 2020 Arising Out of PS. Case No.-383 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

MANOJ MAHTO Son of Mahangu Mahto Resident of Village - Amwa Bijaypur, P.S.- Kuchaikote, Distt.- Gopalganj. 2.

Vijent Mahto Son of Mahangu Mahto Resident of Village - Amwa Bijaypur, P.S.- Kuchaikote, Distt.- Gopalganj.

3.

Aswani Mahto Son of Mahangu Mahto Resident of Village - Amwa Bijaypur, P.S.- Kuchaikote, Distt.- Gopalganj. 4.

Babideyol Son of Mahangu Mahto Resident of Village - Amwa Bijaypur, P.S.- Kuchaikote, Distt.- Gopalganj.

5.

Chhathi Devi @ Chhathia Devi, W/o Sulakhan Mahto, Wrongly written in the F.I.R as Mahangu Mahto, Resident of Village - Amwa Bijaypur, P.S.- Kuchaikote, Distt.- Gopalganj.

6.

Nisha Devi, W/o Sanjay Mahto, Resident of Village - Amwa Bijaypur, P.S.- Kuchaikote, Distt.- Gopalganj.

7.

Laljhari Devi, W/o Mahangu Mahto Resident of Village - Amwa Bijaypur, P.S.- Kuchaikote, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceeding. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code. Allegation against the petitioners is of assaulting the

Patna High Court CR. MISC. No.16853 of 2020(3) dt.15-09-2020 2/3 informant and his family members with Farsa, Lathi and Iron rod and also broken his domestic articles.

Learned counsel for the petitioners submits that the petitioners are innocent and they have committed no offence and they have falsely been implicated in this case. There is case amd counter case between the parties. He further submits that there is general and omnibus allegation against the petitioners. There is specific allegation against the other co-accused persons namely Manhagu Mahto and Sanjay Mahto. All the injuries are simple in nature which is enclosed at (Annexure-2) Series. The contents available in the case diary does not support the case of prosecution. The petitioners have got no criminal antecedent. Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory 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 the learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P. S. Case No. 383 of 2019,

Patna High Court CR. MISC. No.16853 of 2020(3) dt.15-09-2020 3/3 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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