Patna High CourtCR. MISC./38555/2020disposed

Biru Mahto v. The State Of Bihar

2021-07-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38555 of 2020 Arising Out of PS. Case No.-351 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Biru Mahto, Son of Harihar Mahto 2.

Bhushan Kumar, Son of Harihar Mahto Both are R/o Village - Kumarbag Pokhra Tola, Kurwa Mathra, P.S. - Chanpatia (Kumarbagh), District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-07-2021 Heard Mr. Sanjeev Kumar Shrivastava, the learned Advocate for the petitioners and Mr. Bishweshwar Ram, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Chanpatia (Kumarbagh) P.S. Case No. 351 of 2020, instituted for the offences under Sections 341, 323, 324, 307, 354(B), 447, 379, 504 and 506/34 of

Patna High Court CR. MISC. No.38555 of 2020(4) dt.27-07-2021 2/2 the Indian Penal Code.

According to the F.I.R., the children of the neighbourhood started fighting and the elders also unfortunately entered the fray. The petitioners are said to have assaulted the informant by sharp cutting weapons. This Court had vide order dated 16.04.2021 granted provisional bail to the petitioners and had also called for the case diary. That was for the purpose of ascertaining the nature of injuries inflicted by the petitioners. There is specific statement in the case diary that there is no injury report on record.

Regard being had to the nature of accusation and the fact that the dispute arose because of children of neighbourhood fighting amongst themselves, the provisional bail granted to the petitioners is, hereby, confirmed. They shall remain on the same bail-bonds.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T