Mukesh Kumar @ Mukesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39102 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- KOTWA District- East Champaran ====================================================== 1.
MUKESH KUMAR @ MUKESH MAHTO SON OF SHIW SHANKAR MAHTO RESIDENT OF VILLAGE- PO KARARIYA, KONHAWA MACHHAR GAWAN, EAST CHAMPARAN, DARIAPUR, PIN 845417 2.
SYAMKANT @ SHYAMKANT KUMAR SON OF SHIW SHANKAR MAHTO RESIDENT OF VILLAGE- PO KARARIYA, KONHAWA MACHHAR GAWAN, EAST CHAMPARAN, DARIAPUR, PIN 845417 3.
NAWAL KISHORE MAHTO @ NAWAL MAHTO SON OF SHIW DEO MAHTO RESIDENT OF VILLAGE- PO KARARIYA, KONHAWA MACHHAR GAWAN, EAST CHAMPARAN, DARIAPUR, PIN 845417 4.
RAMAKANT KUMAR @ RAMAKANT MAHTO SON OF SHIW SHANKAR MAHTO RESIDENT OF VILLAGE- PO KARARIYA, KONHAWA MACHHAR GAWAN, EAST CHAMPARAN, DARIAPUR, PIN 845417 ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Prasad , Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.39102 of 2023(3) dt.04-08-2023 2/3
3. On the alleged date and time of occurrence all the accused persons including these petitioners holding weapons in their hand came at the door of the informant and assaulted him and his family members in which they sustained various injuries.
4. It is submitted that both the parties are co-villagers and due to dispute over shops, these petitioners have falsely been implicated in this case. Injury caused by petitioner Nos. 1 and 3 are simple in nature. Petitioners claim clean antecedent.
5. Learned counsel for the petitioners oppose the bail petition and submits that injury caused by petitioner Nos. 2 and 4 are grievous in nature .
6. Considering the injury caused by the petitioner Nos. 2 and 4 and gravity of allegation against them, prayer for pre-arrest bail of the petitioners is rejected. 6 Considering the injury caused by petitioner Nos. 1 and 3 and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 and 3 , as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, East Champaran at Motihari in connection with Kotwa
Patna High Court CR. MISC. No.39102 of 2023(3) dt.04-08-2023 3/3 P.S. Case No 95 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T