Chandan Mahto @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23764 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
CHANDAN MAHTO @ CHANDAN KUMAR SON OF RAM SWARUP MAHTO RESIDENT OF VILLAGE - DAKSHNI HUSAINI DIH, P.S. - DUMARIYAGHAT, DISTRICT - EAST CHAMPARAN 2.
RAM PRASAD MAHTO SON OF LATE RAM DENI MAHTO RESIDENT OF VILLAGE - DAKSHNI HUSAINI DIH, P.S. - DUMARIYAGHAT, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rashmi Jha Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Rabindra Kumar.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant on account of dispute relating to pathway. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that on orders of Ram Prasad
Patna High Court CR. MISC. No.23764 of 2024(2) dt.02-05-2024 2/3 Mahto (petitioner no. 2), the petitioner no. 1 is alleged to have assaulted the informant by dab causing injury on head. It is next submitted that from perusal of the injury report (Annexure-3, Page-20) of the injured, it would manifest that the injury suffered by the informant is simple in nature which amply demonstrates that petitioner no.1 never had any intention of committing a serious offence. It is next submitted that petitioner no. 2 (Ram Prasad Mahto) is also alleged to have snatched Rs. 2,000/- from the informant which is ornamental in nature. It is next submitted that from side of the petitioners also, Dumariyaghat P.S. Case No. 291 of 2023 has been instituted against the informant and his side.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. 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
Patna High Court CR. MISC. No.23764 of 2024(2) dt.02-05-2024 3/3 Dumariyaghat P.S. Case No. 289 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T