Patna High CourtCR. MISC./31583/2024bail granted

Lagan Deo Mahto v. The State Of Bihar

2024-09-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31583 of 2024 Arising Out of PS. Case No.-151 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Lagan Deo Mahto Son of Manager Mahto R/o Village- Kothiya, P.S.- Awtarnagar, District- Saran 2.

Rampatiya Devi Wife of Kapildeo Mahto R/o Village- Kothiya, P.S.- Awtarnagar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 447, 323 , 325 , 307, 504 and 34 of the Indian Penal Code . 3 . As per prosecution case , petitioner No. 1 along with other co-accused person namely Kapildev Mahto assaulted the son of informant with spade and lathi due to which informant sustained injury .

4. It is submitted on behalf of the petitioners that both the parties are gotias and due to land dispute , these petitioners have falsely been implicated in this case . Allegation of assault

Patna High Court CR. MISC. No.31583 of 2024(3) dt.12-09-2024 2/2 against petitioner No. 1 is general and omnibus and so far as petitioner No. 2 is concerned, there is no allegation of assault alleged against her. Injury sustained by the injured is found to be simple in nature . Case and counter case . Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts, clean antecedent of these petitioners and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM 1st Class Saran at Chapra in connection with Awatarnagar P.S. Case No. 151 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T