Jitendra Mahto @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35339 of 2021 Arising Out of PS. Case No.-69 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

JITENDRA MAHTO @ JITENDRA KUMAR Son of Late Ramugrah Mahto Resident of Village - Lala Bhadsara, P.S. - Dulhin Bazar, District - Patna.

2.

Ashutosh Mahto @ Ashutosh Prasad @ Ashutosh Kumar Son of Janardan Mahto Resident of Village - Lala Bhadsara, P.S. - Dulhin Bazar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 354, 452, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution allegation, in short, is that the accused persons, variously armed, including the petitioners entered into the house of the informant and misbehaved with informant and also snatched her belongings.

It has been submitted on behalf of the petitioners that there

Patna High Court CR. MISC. No.35339 of 2021(2) dt.11-04-2022 2/2 is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Most of the cases pending against the petitioners are between the same parties. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 69/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T