Bhuvan Mahto @ Bhuvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40783 of 2020 Arising Out of PS. Case No.-396 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

BHUVAN MAHTO @ BHUVAN KUMAR S/o Baldev Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi. 2.

Ram Binod Mahto S/o Baldev Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi.

3.

Raja Babu S/o Baldev Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi.

4.

Madhukar Mahto S/o Baldev Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi.

5.

Shyam Kumar S/o Ram Binod Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi.

6.

Bindeshwar Mahto S/o Late Brij Bihari Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi.

7.

Chhotelal Mahto S/o Late Brij Bihari Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi.

8.

Amod Kumar @ Amod Mahto S/o Late Brij Bihari Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi. 9.

Kapleshwar Mahto S/o Late Brij Bihari Mahto Resident of Vill.- Mohanpur Kahar Tola, P.S. and Distt.- Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State through video conferencing.

Patna High Court CR. MISC. No.40783 of 2020(4) dt.28-01-2022 2/3 The petitioners apprehend their arrest in connection with Sitamarhi P.S. Case No. 396 of 2020, registered for the offences punishable under Sections 341, 323, 307, 379, 332, 504, 448 and 341 of the Indian Penal Code.

As per allegation, an altercation took place between the informant and the petitioner No. 1 Bhuvan Mahto over drainage of water due to which all the accused persons laced with lathi, danda etc. came there and abused and assaulted him and when the family members came to rescue him they also assaulted his family members.

Learned counsel for the petitioner has submitted that there is case and counter case and the members of petitioner's side are also injured.

The case diary was called for which shows that all the injuries sustained by the injured persons are simple in nature. Considering the above-mentioned facts and circumstances, let the petitioners be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Sitamarhi P.S. Case No. 396 of 2020, subject to the

Patna High Court CR. MISC. No.40783 of 2020(4) dt.28-01-2022 3/3 conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T