Indrajeet Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35501 of 2023 Arising Out of PS. Case No.-414 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.
Indrajeet Mahto Son Of Late Jhabulal Mahto Resident Of Village - Kauwahan, P.S. - Sugauli, Distt. - East Champaran 2.
Dhrup Mahto Son Of Bhabhuti Mahto Resident Of Village - Kauwahan, P.S. - Sugauli, Distt. - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioner is permitted to make corrections in prayer portion of the bail application in course of the day.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 504, 307/34 of the Indian Penal Code.
4. The petitioners along with other accused persons is said to have assaulted the informant and his family members by means of lathi.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.35501 of 2023(2) dt.27-07-2023 2/2 specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. There is specific allegation against co-accused Manoj Mahto, who had given lathi blow upon the head of the informant and injury was found grievous in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the fact that there is no specific overt against the petitioners, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sugauli P.S. Case No.414 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T