Ram Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28865 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== 1.

RAM NARAYAN MAHTO SON OF LATE LAKHAN MAHTO R/OVILL-BASOPATTI, P.S-BASOPATTI, DISTT- MADHUBANI 2.

RANJEET MAHTO SON OF RAMNARAYAN MAHTO R/O- VILLBASOPATTI, P.S-BASOPATTI, DISTT- MADHUBANI 3.

RAJA MAHTO @ RAJ KUMAR MAHTO SON OF RAMNARAYAN MAHTO R/O- VILL-BASOPATTI, P.S-BASOPATTI, DISTTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 323, 341, 379, 354(B), 308, 324, 325, 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.28865 of 2022(2) dt.08-09-2022 2/3 Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant's side by means of various weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is general and omnibus in nature. It is submitted that the parties are agnates and there is an admitted land dispute between them. In the alleged occurrence, both sides have sustained injuries and there is a case and counter-case between the parties. The injuries are simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is case and counter-case between the parties, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the

Patna High Court CR. MISC. No.28865 of 2022(2) dt.08-09-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Basopatti P.S. Case No.67 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T