Ravi Mahto @ Rabbi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40535 of 2022 Arising Out of PS. Case No.-497 Year-2013 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

RAVI MAHTO @ RABBI Son of Panchlal Mahto Resident of Village - Parora, P.S.- K. Nagar, District - Purnea.

2.

Rajesh Mahto Son of Panchlal Mahto Resident of Village - Parora, P.S.- K. Nagar, District - Purnea.

3.

Rekha Devi Wife of Navin Mahto Resident of Village - Parora, P.S.- K. Nagar, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

As per the prosecution case, 14 named accused persons including this petitioner and 250 unknown persons, armed with deadly weapons, tried to grab the land belonging to the informant and forbade him from constructing house over the said land.

It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case due to land dispute. From bare perusal of the F.I.R., it is apparent that there is no

Patna High Court CR. MISC. No.40535 of 2022(2) dt.01-12-2022 2/2 specific allegation of over act against these petitioners. As a matter of fact, informant had purchased his land adjacent to the land of co-accused Navin Mahto and informant started construction of a school on the part of land of co-accused Navin Mahto, due to which, an altercation took place between the parties and merely because petitioners no. 1 & 2 are brothers and petitioner no. 3 is wife of co-accused Navin Mahto, they have also been implicated in this case. The allegation is general and omnibus.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of accusation and materials available on record, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with K. Nagar P.S. Case No. 497 of 2013, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T