Patna High CourtCR. MISC./44562/2023bail granted

Siyaram Mahto v. The State Of Bihar

2023-08-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44562 of 2023 Arising Out of PS. Case No.-174 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.

SIYARAM MAHTO Son of Harendra Mahto Resident of village - Siswa sob, P.s. - Kalyanpur, Distt. - East Champaran 2.

DINANATH MAHTO Son of Late Kamal Mahto Resident of village - Siswa sob, P.s. - Kalyanpur, Distt. - East Champaran 3.

JAIRAM MAHTO Son of Harendra Mahto Resident of village - Siswa sob, P.s. - Kalyanpur, Distt. - East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/379/34 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, petitioner no.1 gave sword blow on the head of informant's wife, petitioner no.2 assaulted one Ram Pravesh Mahto with iron rod on his head and petitioner no.3 Jairam Mahto assaulted the informant's brother with Khanti on his head.

4. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.44562 of 2023(2) dt.08-08-2023 2/2 parties are agnate and on account of land dispute, an altercation took place between them in which both sides sustained injuries. Injuries caused by these petitioners are simple in nature. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Kalyanpur Police Station Case No. 174 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T