Ram Ganesh Mahto @ Ganesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31387 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- SAHARGHAT District- Madhubani ====================================================== 1.
RAM GANESH MAHTO @ GANESH MAHTO Son of Late Visheshwar Mahto Resident of Village - Ward no. 2, Pihwara tol, P.S. - Saharghat, District - Madhubani.
2.
Ajay Kumar Mahto Son of Ganesh Mahto Resident of Village - Ward no. 2, Pihwara tol, P.S. - Saharghat, District - Madhubani. 3.
Raghav Mahto Son of Ganesh Mahto Resident of Village - Ward no. 2, Pihwara tol, P.S. - Saharghat, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Shubham, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos. 1 and 3.
Permission is accorded.
Accordingly, the present anticipatory bail application with respect to petitioner nos. 1 and 3 is dismissed as withdrawn.
The petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.31387 of 2022(2) dt.22-11-2022 2/3 Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner assaulted Parshuram with spade, further the dispute arose as the petitioner along with other co-accused were uprooting the bricks of the road which was protested by the informant.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case on account of dispute relating to uprooting of bricks, it is next submitted that the injury suffered by Parshuram is simple in nature as would be evident from Annexure-4 to the anticipatory bail.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, in the event of his 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) 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 Saharghat P.S. Case No. 139 of 2021 subject
Patna High Court CR. MISC. No.31387 of 2022(2) dt.22-11-2022 3/3 to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T