Dukhran Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33806 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Dukhran Mahto Son of Late Chulhai Mahto Resident of Village - Lauthawa, P.s.- Basopatti, Distt.- Madhubani.

2.

Surya Narayan Mahto Son of Dukhran Mahto Resident of Village - Lauthawa, P.s.- Basopatti, Distt.- Madhubani. 3.

Ras Lal Mahto Son of Dukhran Mahto Resident of Village - Lauthawa, P.s.- Basopatti, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Basopatti P.S. Case no. 257 of 2021 instituted for the offence under Sections 323, 341, 379, 325, 308, 504, 506, 34 of the Indian Penal Code.

It is a case of assaulting to the son of informant by means of legs, fists and iron rod due to which he sustained injuries.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.33806 of 2022(2) dt.24-11-2022 2/2 no offence. They have got no criminal antecedent. They have falsely been made accused in this present case due to land dispute between the parties. There is case and counter case. It is further submitted that both parties sustained injuries as alleged in separate occurrence.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Basopatti P.S. Case no. 257 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T