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Patna High CourtCR. MISC./59994/2022allowed

Kishori Mahto @ Ram Kishor Mahto v. The State Of Bihar

2023-01-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59994 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

KISHORI MAHTO @ RAM KISHOR MAHTO S/O JAGDISH MAHTO Resident of village- Turki Khararu, P.S.- Minapur, District- Muzaffarpur. 2.

RAJU MAHTO S/O NATHUNI MAHTO Resident of village- Turki Khararu, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mani Bhushan Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Minapur P.S. Case No.144 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. The petitioners alongwith other co-accused persons are said to have assaulted the informant and her brother-in-law. The accused persons also snatched earring made of gold from the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedents as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.59994 of 2022(2) dt.09-01-2023 2/2 application. It is further submitted that there is general and omnibus allegation against the petitioners. It is submitted that the injuries sustained by the injured persons are simple in nature. It is also submitted that prayer for bail of the petitioners was rejected by the learned court below on the ground that the injury was found on the vital part of the body of the informant. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the fact that the injuries sustained by the injured persons are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Minapur P.S. Case No.144 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T