Rajesh Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42890 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================
1. Rajesh Mahto Son of Dharamdeo Mahto,
2. Garib Kamkar, Son of Puna Kamkar, Both are Residents of village - Rafipur, P.S. - Hussainganj, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sunil Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,307,364 and 364/34 of the Indian Penal Code. The prosecution case is that co accused Satyendra Yadav, Daya Yadav and Rajesh Mahto took away the key of the motorcycle of the informant and assaulted him. Co accused Satyendra Yadav called the accused Gena Yadav when Dinesh Tiwary and Rakesh Tiwari came and assaulted the informant and brought him to the house of Gena Yadav when Satyendra yadav assaulted the informant with dab on
Patna High Court Cr.Misc. No.42890 of 2015 (2) dt.14-10-2015 2/3 the head as a result the informant received injury above the right eye, thereafter all the accused persons assaulted the informant.
It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. The accusation is not specific against the petitioners and considering the fact that two simple injuries caused by hard and blunt substance have been found on the person of the informant, co accused Dinesh Tiwari, Rakesh Tiwari, Satyendra Yadav and Daya Yadav alias Dayanand Yadav have been granted anticipatory bail vide Cr. Misc. No. 9933 of 2015. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Hussainganj (M.H. Nagar) P.S. Case No.173 of 2014 subject to the conditions as laid down
Patna High Court Cr.Misc. No.42890 of 2015 (2) dt.14-10-2015 3/3 under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T