Nawal Mahto @ Naval Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41541 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- ARIYARI District- Sheikhpura ====================================================== 1.
NAWAL MAHTO @ NAVAL MAHTO Son of Yamuna Mahto Resident of Village- Devpuri, P.S.- Ariyari, District- Sheikhpura. 2.
Monu Kumar @ Sujeet Kumar Son of Nawal Mahto @ Naval Mahto Resident of Village- Devpuri, P.S.- Ariyari, District- Sheikhpura. 3.
Manju Devi Wife of Pappu Raut Resident of Village- Devpuri, P.S.- Ariyari, District- Sheikhpura.
4.
Satish Kumar Son of Pappu Raut Resident of Village- Devpuri, P.S.- Ariyari, District- Sheikhpura.
5.
Pappu Raut Son of Tileshwar Raut Resident of Village- Devpuri, P.S.- Ariyari, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Ariyari P.S. Case No. 60 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code. It is alleged that on the date of occurrence, all the seven accused persons including co-accused Manju Devi (petitioner no. 3) started assaulting the informant with lathi, khanti etc. The informant is said to have sustained fracture injuries.
Learned counsel appearing on behalf of the petitioners has submitted that the occurrence exaggerated in the
Patna High Court CR. MISC. No.41541 of 2019(3) dt.27-09-2019 2/2 FIR has taken place in the background of a petty dispute between the parties and the injuries are found to be simple in nature.
Considering the facts and circumstances and the injury report that most of the injuries have been found to be simple in nature, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released 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 the learned SDJM, Sheikhpura in Ariyari P.S. Case No. 60 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T