Bhuneswar Mahto @ Bhuneswar Prasad Bhushan @ Bhuneswar Prasad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28567 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

BHUNESWAR MAHTO @ BHUNESWAR PRASAD BHUSHAN @ BHUNESWAR PRASAD MAHTO Son of Narain Mahto Resident of Vill.- Budhwaha, P.S.- Chhauradano, Dist. - East Champaran. 2.

Chandeswar Mahto @ Chandeswar Prasad Mahto Son of Ram Narain Mahto Resident of Vill.- Budhwaha, P.S.- Chhauradano, Dist. - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 379, 448, 427, 308 and 504 of the Indian Penal Code.

The informant alleges that the accused persons including the petitioners came to his shop and petitioners along with two named accused persons assaulted by farsa causing injury on head and other accused assaulted his brother and looted Rs. 5,000/- from the counter.

Learned counsel for the petitioners submits that petitioners have antecedent of one case and have been falsely

Patna High Court CR. MISC. No.28567 of 2022(2) dt.15-11-2022 2/2 implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that the allegation of assault is general and omnibus in nature, it is next submitted that even presuming what has been alleged is true without admitting then the injury is simple in nature which amply demonstrates that the accused person including the petitioners never had the intention of committing a serious occurrence. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhaurodano P.S. Case No. 271 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T