Satendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40540 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Satendra Kumar, S/O Anil Mahto R/O Village Manjaur, P.S. Warisaliganj, Distt-Nawada 2.
Surendra Mahto @ Surendra Kumar, S/O Sadhu Mahto R/O Village Manjaur, P.S. Warisaliganj, Distt-Nawada 3.
Anil Mahto, S/O Dasrath Mahto R/O Village Manjaur, P.S. Warisaliganj, Distt-Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Ranjan Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos.1, namely, Satyendra Kumar and petitioner no.2, namely, Surendra Mahto @ Surendra Kumar.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner nos.1, namely, Satyendra Kumar and petitioner no.2, namely, Surendra Mahto @ Surendra Kumar.
Patna High Court CR. MISC. No.40540 of 2024(3) dt.06-08-2024 2/3
5. The petitioner no.3 seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.
6. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and he is alleged to have assaulted the injured by farsa but then from perusal of the order impugned, it would manifest that the wound is lacerated as such, was not caused by sharp edged weapon and the petitioner and informant are agnates and the occurrence is alleged to have taken place on account of dispute relating to land and Satendra is alleged to have assaulted his son by khanti causing cut injury on head and thereafter, Surendra is alleged to have assaulted the injured by an iron rod along with wife of Satyendra on account of which, he became unconscious. It is further submitted that petitioner no.3 has been falsely implicated in the instant case by the informant in order to coerce the entire family members into submission.
7. Learned A.P.P. opposes the anticipatory bail application.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the
Patna High Court CR. MISC. No.40540 of 2024(3) dt.06-08-2024 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Warisaliganj P. S. Case No.81 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T