Raja Mahton @ Raja Prasad Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78985 of 2018 Arising Out of PS. Case No.-290 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Raja Mahton @ Raja Prasad Mahto, son of Late Arjun Mahto. 2.

Manoj Mahton, son of Late Arjun Mahton.

3.

Kanhaiya Kumar, son of Manoj Mahton. All resident of village Jagdish Mandal Tola, Tikarampur, P.S. Muffasil, District Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha, Advocate.

For the Opposite Party/s :

Mr.Sri Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 290 of 2018, registered under Sections 341, 323, 325 and 307/34 of the Indian Penal Code. The accusation is that son of informant, Shankar Mahto and son of Gulam Mahto were quarreling at about 9 A.M. on 12.08.2018 then informant tried to pacify the dispute, but in the meantime, Gulam Mahto and petitioners came having lathi and rod started to cause assault, in which, informant sustained fracture injury at his hand.

Learned counsel for the petitioners submits that, in

Patna High Court CR. MISC. No.78985 of 2018(4) dt.01-05-2019 2/2 fact, informant used to engage the minor son of petitioner no. 1 for labourer. On 12.08.2018, when informant came and tried to accompany the son of petitioner no.1 for doing the work as labourer then occurrence took place, in which, petitioners' side also sustained injury, regarding which, Muffasil P.S. Case No. 343 of 2018 is instituted on the basis of written report of petitioner no.1. Moreover, out of three injuries, as found on the person of informant, two injuries are simple in nature and one fracture injury at the hand of the informant is grievous in nature and petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Munger, in connection with Muffasil P.S. Case No. 290 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T