Bijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42665 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Bijay Mahto Son Of Sheo Mahto Resident Of Village - Lagunaha, Nawka Tola, P.S. - Chanpatia, District - West Champaran. 2.

Nandu Kushwaha @ Nandu Mahto Son Of Sheo Mahto Resident Of Village - Lagunaha, Nawka Tola, P.S. - Chanpatia, District - West Champaran. 3.

Sheo Mahto Son Of Late Tilak Mahto Resident Of Village - Lagunaha, Nawka Tola, P.S. - Chanpatia, District - West Champaran. 4.

Shanti Devi Wife Of Sheo Mahto Resident Of Village - Lagunaha, Nawka Tola, P.S. - Chanpatia, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners has filed the supplementary affidavit today in the Court. Let it be kept on record.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506, 34 of the Indian Penal Code. Petitioners are said to have assaulted the informant with Katta and Gun as a result of which he sustained injury over his head and leg. The informant's wife, son and family of the informant were also assaulted by the petitioners. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.42665 of 2021(5) dt.28-06-2022 2/2 implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have received grievous injury. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the fact that both sides have received grievous injury, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chanpatia P.S. Case No. 58 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T