Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20437 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== 1.
SUNNY KUMAR Son of Awadhesh Mahto @ Avadhesh Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna. 2.
Ravin Kumar Son of Awadhesh Mahto @ Avadhesh Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna. 3.
Kailu Mahto Son of Ramjanam Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna. 4.
Narayan Mahto Son of Siya Sharan Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna. 5.
Shakal Dip Mahato @ Sakaldip Mahto Son of Late Rama Sharan Mahato @ Ramsharan Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna.
6.
Avadhesh Mahto @ Awadhesh Mahto Son of Harvansh Mahto @ Haribansh Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna.
7.
Pintu Mahto Son of Harvansh Mahto @ Haribansh Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna. 8.
Ganesh Mahto Son of Binda Mahto Resident of Village - Hardas Bigha, Bind Toli, P.S.- Khusrupur, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 504 and 506/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.20437 of 2023(2) dt.24-06-2023 2/3 Learned counsel for the petitioners submits that petitioner No. 1, 2, 3, 4 and 8 are persons with clean antecedent and petitioner No. 5, 6 and 7 have antecedent of one case and the informant alleges that on occasion of marriage of his cousin, the accused persons including the petitioner came variously armed and obstructed the programme being conducted by the D.J., further on protest it is alleged that they misbehaved with the women and Pintu Mahto assaulted the informant with an iron rod causing injury on his head.
The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that in garb of marriage the entire village was being disturbed on account of programme of the DJ which was objected by the villagers including the petitioner and the present false case thereafter came to be instituted. It is next submitted that date of occurrence is 20.05.2022 and the FIR has been instituted on 23.05.2022 and even presuming what has been alleged is true, then there is no specific allegation of assault against any of the petitioner except Pintu and the injury suffered by the informant is also simple. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.20437 of 2023(2) dt.24-06-2023 3/3 Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khushrupur P.S. Case No. 190 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T