Ram Jeevan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40740 of 2022 Arising Out of PS. Case No.-270 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

RAM JEEVAN MAHTO S/O RAM BILASH MAHTO Resident of VillageChakwa, Ward No.- 10, P.S.- Khodabandpur, District- Begusarai. 2.

RAM KUMAR MAHTO S/O RAM BILASH MAHTO Resident of VillageChakwa, Ward No.- 10, P.S.- Khodabandpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 452, 356, 379, 385 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 27.12.2018, the petitioners along with 5-7 unknown accused persons came and demanded extortion and took away gold and silver ornaments worth Rs. 25,000/- along with property papers and while leaving assaulted his wife with knife causing injury on head, further the accused persons were

Patna High Court CR. MISC. No.40740 of 2022 (2) dt.08-12-2022 2/3 caught and were handed over to the police.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that on account of dispute relating to property the present false case has been instituted, it is also submitted that petitioners are named in the FIR and as such were known to the informant but still in the FIR, it is not alleged that who assaulted his wife with knife, it is next submitted that petitioner no.2 is a senior citizen aged about 62 years, it is also submitted that petitioners were persons with clean antecedent and all of a sudden they have been made criminals based on a general and omnibus allegation of assault.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.40740 of 2022 (2) dt.08-12-2022 3/3 Khodawandpur P.S. Case No. 270 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) shivam/- U