Shyam Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55890 of 2021 Arising Out of PS. Case No.-205 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.

Shyam Babu Mahto Son of Late Bishwanath Mahto Resident of Village - Dewariya, P.S. - Revelganj, District - Saran at Chapra. 2.

Atul Mahto Son of Shyam Babu Mahto Resident of Village - Dewariya, P.S. - Revelganj, District - Saran at Chapra.

3.

Anup Mahto @ Anupam Kr. Mahto Son of Shyam Babu Mahto Resident of Village - Dewariya, P.S. - Revelganj, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudama Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Revilganj P.S. Case No. 205 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that on 07.06.2021 petitioner no. 1 Shyam Babu Mahto was constructing Chhaja in the land of informant and when informant made protest, all five accused persons including petitioners started assaulting him with lathi danda. On 08.06.2021 again when informant prohibited, then petitioner no. 1 assaulted Vivek Mahto with

Patna High Court CR. MISC. No.55890 of 2021(2) dt.28-06-2022 2/2 lathi on his head causing head injury. Petitioner nos. 2 and 3 assaulted the informant on his right leg causing injury on his leg.

It is submitted that the occurrence took place due to land dispute between the parties. Case and counter case. This case is counter blast of Revilganj PS Case No. 204 of 2021. There is number of litigation pending between the parties. Injuries found on the person of informant are simple in nature. Petitioners have got clean antecedents.

Considering the facts aforesaid, nature of injury and the fact that the dispute is civil in nature, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Judicial Magistrate Ist Class, Saran at Chapra in connection with Revilganj P.S. Case No. 205 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T