Pappu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34470 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== 1.
Pappu Mahto S/o Nandan Mahto Resident of Vill- Sahuri PS_ Khodawandpur District- Begusarai 2.
Govind Mahto @ Govind Kumar S/o Nandan Mahto R/o vill - Sahuri, P.S. - Khodawandpur, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Bijay Bhushan Prasad, Advocate For the State :
Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 342, 379, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, while the informant and his brother were returning home on a motorcycle and reached near Simri village, in the meantime, all the accused persons named in the F.I.R., including these petitioners, on the point of pistol, intercepted them and assaulted by butt of the pistol and thereafter snatched their motorcycle, cash and other articles and fled away.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.34470 of 2024(2) dt.23-05-2024 2/3 petitioners submits that the petitioners have falsely been implicated in this case. As a matter of fact, the informant side came to the house of the petitioners and committed assault and while fleeing away, left the motorcycle, and as a result of which Khodawandpur P.S. Case No. 190 of 2023 which was lodged by Petitioner No. 2 against the informant and others and the instant case is a counter-blast of the alleged occurrence. It is further submitted that allegation of assault against the petitioners is general and omnibus and injuries sustained by the injured is simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners 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 learned Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Hasanpur P.S. Case No.106 of 2023, subject to condition as laid
Patna High Court CR. MISC. No.34470 of 2024(2) dt.23-05-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T