Pradeep Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29817 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

PRADEEP MAHATO Resident of Mauza - Charaiya Rahika Mandir Tola, P.S.- K. Nagar (Sri Nagar), District - Purnia. 2.

Rupesh Mahto @ Rupesh Kumar Resident of Mauza - Charaiya Rahika Mandir Tola, P.S.- K. Nagar (Sri Nagar), District - Purnia. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10911 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

DEO DATTA MAHATO Son of Late Ram Mahato @ Late Ramchandra Mahato Resident of Mauza - Charaiya Rahika Mandir Tola, P.S.- K. Nagar (Sri Nagar), District - Purnia.

2.

Nand Lal Mahato Son of Late Ram Mahato @ Late Ramchandra Mahato Resident of Mauza - Charaiya Rahika Mandir Tola, P.S.- K. Nagar (Sri Nagar), District - Purnia.

3.

Dinesh Mahato Son of Late Ram Mahato @ Late Ramchandra Mahato Resident of Mauza - Charaiya Rahika Mandir Tola, P.S.- K. Nagar (Sri Nagar), District - Purnia.

4.

Khudan Mahato Son of Late Ram Mahato @ Late Ramchandra Mahato Resident of Mauza - Charaiya Rahika Mandir Tola, P.S.- K. Nagar (Sri Nagar), District - Purnia.

5.

Sunil Mahato @ Sunil Kumar Son of Bharat Mahto Resident of Mauza - Charaiya Rahika Mandir Tola, P.S.- K. Nagar (Sri Nagar), District - Purnia. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 29817 of 2020) For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP (In CRIMINAL MISCELLANEOUS No. 10911 of 2020) For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Dinesh Singh, APP

Patna High Court CR. MISC. No.29817 of 2020(3) dt.20-01-2021 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2021 Since both the applications are arising out of same Police Station, they are being taken up together and disposed of by this common order.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in K. Nagar (Sri Nagar) P.S. Case No. 281 of 2019, registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 384, 379, 354(B), 504 and 506 of the Indian Penal Code. Prosecution case in brief is that on the alleged date of occurrence, all the FIR named accused persons including these petitioners started ploughing the field of informant. On protest, all the accused persons brutally assaulted the informant and his brothers by Bhala, Farsa and sharp cut weapon causing injuries to them. When the mother and wife of informant came to pacify the matter, petitioners and others thrashed the mother and wife of informant on the ground and started pressing their neck and torn their clothes. and Co-accused snatched Rs. 1,000/- from possession of informant's mother and also snatched ornaments of informant's wife.

It is submitted on behalf of petitioners that due to land

Patna High Court CR. MISC. No.29817 of 2020(3) dt.20-01-2021 3/3 dispute free fight took place between the parties and present case is counter blast of K. Nagar (Srinagar) PS Case No. 282 of 2019 lodged by the petitioner Deodatta Mahto against the informant and others. Both sides sustained injuries. There is general and omnibus allegation against these petitioners. Petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Purnia in connection with K. Nagar (Sri Nagar) P.S. Case No. 281 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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