Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25195 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- BALIYA District- Begusarai ====================================================== 1.

Sintu Kumar S/O Bochan Mahto Resident Of Village- Kamalpur, P.S.- Ballia, District- Begusarai.

2.

Bittu Mahto @ Bilttu Mahto @ Dholtti Mahto @ Bholti S/O Bochan Mahto Resident Of Village- Kamalpur, P.S.- Ballia, District- Begusarai. 3.

Dinesh Mahto S/O Chander Mahto Resident Of Village- Baburbani,P.S.- Ballia, District- Begusarai.

4.

Bablu Mahto S/O Chander Mahto Resident Of Village- Baburbani,P.S.- Ballia, District- Begusarai.

5.

Manoj Mahto S/O Chander Mahto Resident Of Village- Baburbani,P.S.- Ballia, District- Begusarai.

6.

Satwan Yadav S/O Jugeshwar Yadav Resident Of Village- Sonbarsha ,P.S.- Ballia, District- Begusarai.

7.

Ranjeet Yadav S/O Vishnudev Yadav Resident Of Village- Sonbarsha ,P.S.- Ballia, District- Begusarai.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-08-2023 Heard learned counsel for the petitioners no. 2, 6 and 7 and the State.

2. Petitioners no. 2, 6 and 7 apprehend arrest in a case registered for the offence punishable under sections 307/504/506 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, petitioners and other accused persons assaulted the informant with butt of pistol and

Patna High Court CR. MISC. No.25195 of 2023(3) dt.02-08-2023 2/2 rifle. In the meantime, co-accused Bochan Mahto fired upon the informant causing him gun shot injury.

4. It is submitted on behalf of the petitioners no. 2, 6 and 7 that admittedly there is land dispute between the parties. Allegation of assault is general and omnibus against the petitioners and no specific overt act has been alleged against them. Besides this, there is no allegation of causing fire arms injury against these petitioners.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners no. 2, 6 and 7, mentioned 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 Chief Judicial Magistrate, Beguserai in Balia Police Station Case No. 247 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T