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Patna High CourtCR. MISC./37036/2022allowed

Laxman Mahto v. The State Of Bihar

2022-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37036 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- GORAUL District- Vaishali ====================================================== 1.

Laxman Mahto Son Of Dhankhi Mahto R/O Village- Sondho Kahartoli, P.S.- Gorul, District- Vaishali 2.

Ramjee Mahto Son Of Dhankhi Mahto R/O Village- Sondho Kahartoli, P.S.- Gorul, District- Vaishali 3.

Rahul Kumar Son Of Late Ramjee Mahto R/O Village- Sondho Kahartoli, P.S.- Gorul, District- Vaishali 4.

Hansraj Son Of Ramjee Mahto R/O Village- Sondho Kahartoli, P.S.- Gorul, District- Vaishali 5.

Dhanukhi Mahto Son Of Late Rameshwar Mahto R/O Village- Sondho Kahartoli, P.S.- Gorul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Goraul P.S. Case no. 163 of 2021 instituted for the offence under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.37036 of 2022(3) dt.06-12-2022 2/2 has submitted that petitioners are innocent and have been falsely implicated in this case. Specific allegation of assault is against Dhankhi Mahto who has given rod blow on the head of the informant. General and omnibus allegations have been levelled against the petitioners. Only with a view to save the skin from Goraul P.S. Case No. 66 of 2021, this false case has been lodged by the informant against these petitioners. Learned APP appearing for the State has opposed the prayer of 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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Goraul P.S. Case no. 163 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U