Dhanu Mahto @ Dhanu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28677 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

DHANU MAHTO @ DHANU PRASAD S/O RAGHU MAHTO R/O VILLAGE-CHANAUR DAXIN TOLA, P.S.-DHANAUTI O.P., DISTRICTSIWAN 2.

MUKHUT MAHTO @ MUKHUT PRASAD S/O RAGHU MAHTO R/O VILLAGE-CHANAUR DAXIN TOLA, P.S.-DHANAUTI O.P., DISTRICTSIWAN 3.

MANU MAHTO @ MANU CHAUHAN S/O RADHA MAHTO R/O VILLAGE-CHANAUR DAXIN TOLA, P.S.-DHANAUTI O.P., DISTRICTSIWAN 4.

AMAR NATH MAHTO @ AMAR NATH PRASAD S/O RADHA MAHTO R/O VILLAGE-CHANAUR DAXIN TOLA, P.S.-DHANAUTI O.P., DISTRICT-SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2022 Heard Mr. Bijay Prakash Singh, learned Advocate for the petitioner and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Siwan Muffasil (Dhanauti O.P.) P. S. Case No. 309 of 2020, instituted for the offences under Sections 341, 323, 307, 354, 504 and 34 of the

Patna High Court CR. MISC. No.28677 of 2021(2) dt.17-01-2022 2/3 Indian Penal Code.

The petitioners are alleged to have taken part in the affray but the injury suffered by the victim is only simple in nature.

There is a counter version of the occurrence as well which has been lodged by one Shanti Devi, which is prior in point of time.

It has submitted that on a dispute arising over sowing of maize crops, the occurrence took place in which persons from both sides have clashed and have been injured. There does not appear to be any motive of the petitioners or other accused persons of having caused any life threatening / grievous injury. Regard being had to the afore-noted facts, namely, the counter case and the injury suffered by the victim to be simple in nature and that the petitioners do not have criminal antecedents, the petitioners, abovenamed, are directed to be released on bail, in the event of their arrest or surrender before the court below within

Patna High Court CR. MISC. No.28677 of 2021(2) dt.17-01-2022 3/3 a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil (Dhanauti O.P.) P. S. Case No. 309 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U