Vinod Mahto @ Vinod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35101 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== 1.

Vinod Mahto @ Vinod Kumar Mahto, Son Of Late Kapildev Mahto Resident Of Village - Mubarakpur, Saraunja, Ward No. - 09, Police Station - Beerpur, District - Begusarai 2.

Manoj Mahto @ Manoj Kumar Mahto, Son Of Late Kapildev Mahto Resident Of Village - Mubarakpur, Saraunja, Ward No. - 09, Police Station - Beerpur, District - Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 447, 504, 506, 379 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that Saroj Kumar assaulted him by butt of pistol causing injury on head. Thereafter, petitioners are alleged to have assaulted his brother along with others with stick and rod causing fracture of four fingers

Patna High Court CR. MISC. No.35101 of 2024(3) dt.23-07-2024 2/3

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case for the reason that Vinod Mahto had instituted Birpur P. S. Case No. 14 of 2024 against son of the informant. It is further submitted that there is admitted dispute in between the parties and the injury of the informant is simple. It is also submitted that though it is alleged that petitioners assaulted brother of the informant causing fracture of four fingers, but then, no such injury is there in the case diary.

5. Learned A.P.P. opposes the anticipatory bail application.

6. 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 Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri R. K. Gaurav, the learned J.M., 1st- cum-A.M., Begusarai in connection with Birpur P. S. Case No.15 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

Patna High Court CR. MISC. No.35101 of 2024(3) dt.23-07-2024 3/3

8. However, it is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the injury report of the brother of the informant and if it is found that he has received grievous injury, in that event, the present anticipatory bail order shall not be given effect, but if the injury is simple or there is no injury report in the case diary, in that event, the bail bonds shall be accepted forthwith. (Satyavrat Verma, J) vikash/- U T