Pramod Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54477 of 2017 Arising Out of PS.Case No. -171 Year- 2012 Thana -BATHNAHA District- SITAMARHI ======================================================

1. Pramod Mahto, Son of Vriksh Mahto,

2. Maheshi Mahto, Son of Laxmi Mahto, All residents of VillageLachhua, Police Station- Bathnaha, District- Sitamarhi. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bathnaha P.S. Case no. 171 of 2012, registered under Sections 147, 148, 149, 341, 323, 325, 307 and 379 of the Indian Penal Code. The accusation is that in the evening of 12.12.2012 Ram Nandan Mahto, Ashok Mahto, Saroj Mahto and Kmlesh Mahto were carrying the paddy crop through the field of informant. When Dewla Devi, wife of the informant made protest then all started assaulting her by means of fist and slaps. On raising alarm, when informant reached there then he was also assaulted by them. In the meantime, Pramod Mahto (Petitioner No.1), Sushil Mahto, Brij Nandan Mahto, Maheshi Mahto (Petitioner No.2) also came there. Ramnandan Mahto snatched iron rod to the hand of Maheshi Mahto and caused blood oozing

Patna High Court Cr.Misc. No.54477 of 2017 (2) dt.15-11-2017 2/2 injury at the head of the informant.

Learned counsel for the petitioners submits that due to land dispute the hot talks were exchanged in between petitioners and informant. Further submission is that while both the petitioners are named in the F.I.R., but allegation of causing iron rod assault at the head of the informant is against Ramnandan Mahto. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 171 of 2012, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T