Jitendra Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32043 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SALKHUA District- SAHARSA ======================================================
1. Jitendra Mahto, Son of Mangain Mahto @ Mangan Mahto @ Mangam Mahto,
2. Karan Mahto @ Karun Mahto @ Karan Maht, Son of Mangain Mahto @ Mangam Mahato @ Mangam Mahato,
3. Gurchun Mahto, Son of Mahendra Mahto,
4. Lal Singh Mahto, Son of Mahendra Mahto, All Resident of VillageSahuriya, O.P. Chiraiya, P.S.- Salkhua, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the State.
The Petitioners are apprehending their arrest in Salkhua P.S. Case No. 05 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325 342, 447, 379, 354, 307, 504, 506 of the Indian Penal Code. The allegation is that 21 persons named in the F.I.R. including the petitioners have assaulted the informant and others. The cause of occurrence is due to old land dispute. Learned counsel for the petitioners submit that there has been counter case for the same occurrence due to land dispute
Patna High Court Cr.Misc. No.32043 of 2017 (2) dt.13-07-2017 2/2 in which, petitioners side also sustained injury, regarding which Complaint Case no.62C of 2017 was instituted on the basis of written report of wife of co-accused Gurucharan Mahto. Coaccused Anil Mahto has been granted bail by a coordinate bench of this Court vide order dated 01.07.2017 in Cr. Misc. No. 26170 of 2017.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saharsa in connection with Salkhua P.S. Case No. 05 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(S. Kumar, J) Amit/- U