Anil Kushwaha @ Anil Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62477 of 2018 Arising Out of PS.Case No. -375 Year- 2018 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Anil Kushwaha @ Anil Mahto,
2. Sunil Mahto, Both Sons of Ram Lagan Mahto, Resident of VillageKhairatiya Balua, P.S.- Yogapatti (Nawalpur), District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Heard the parties.
The petitioners seek bail in Yogapatti (Nawalpur) P.S.Case No.375 of 2018 registered for the offence under Section 147, 148, 149, 341, 323, 324, 307 and 379 of I.P.C.
Accusation is that while on 15.07.2018 at 7 P.M. the informant's son Vijay Kushwaha was returning home from the market, eight persons named in the F.I.R. including the petitioners who happen to be the pattidar of the informant, encircled him and assaulted with fists and slaps, anyhow he reached his house. Thereafter all the accused persons armed with lathi, danda came to the house of the informant and started abusing and assaulting the informant and when his wife and son Santosh rushed to rescue him
Patna High Court Cr.Misc. No.62477 of 2018 (2) dt.08-10-2018 2/2 they were also assaulted by them. Son of the informant sustained head injury and the accused persons also snatched cash of Rs.30,000/- and ornaments from the house of the informant. Submission on behalf of the learned counsel for the petitioners is that due to the dispute earlier an occurrence took place in which petitioners' side sustained injury regarding which Yogapatti (Nawalpur) P.S. Case No.374 of 2024 was instituted on 15.07.2018 in which the informant was arrested and sent to jail custody on 16.07.2018 and he died after 7 days on 23.07.2018 regarding which Bettiah Town U.D.Case No.12/18 was instituted about unnatural death. Petitioners are in custody since 16.07.2018 having no criminal antecedent.
Considering the facts and circumstances of the case, as stated above, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M. Bettiah, West Champaran, in Yogapatti (Nawalpur) P.S.Case No.375/18. (Rajendra Kumar Mishra, J) AnilKrSinha/- U