Suresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51274 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- BISHUNPUR District- Darbhanga ====================================================== 1.
SURESH MAHTO SON OF KISUN MAHTO VILLAGE DILAHI PS BISANPUR DISTRICT DARBHANGA 2.
GANAUR MAHTO SON OF LATE PURAN MAHTO VILLAGE DILAHI PS BISANPUR DISTRICT DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidya Nath Prasad For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2023
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bishanpur Police Station Case No. 105 of 2022, dated 01.09.2022, disclosing offences punishable under Sections 147/148/149/341/323/324/325/354/354-B/380/ 448/427 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner no. 2 was forcibly constructing boundary wall as well as septic tank on the land of the grand mother of the informant and when they objected, the accused persons assaulted the grandmother of the
Patna High Court CR. MISC. No.51274 of 2023(2) dt.19-08-2023 2/3 informant and her son, Shmbhu Mahto and when the informant intervened, the petitioner no. 1 assaulted him by means of dabia on his head and other accused persons assaulted the informant, his wife and brother.
4. Learned Counsel for the petitioners submits that both the parties are agnates and there is admitted land dispute between them. He further submits that there is case and counter case between the parties inasmuch as Bishanpur Police Station Case No. 106 of 2022 has been lodged by the side of the petitioners against the informant and others. He further submits that the injury caused to the informant on his head is not grievous and the grievous injury, which has been found, is due to the fracture of the thumb of the informant. He further submits that there is no allegation of assault upon petitioner no. 2.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them, there is case and counter case between the parties, the head injury caused to the informant by petitioner no. 1 is not grievous in nature and there is no specific allegation against the petitioner no. 2, I am inclined to grant the
Patna High Court CR. MISC. No.51274 of 2023(2) dt.19-08-2023 3/3 petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) eachwith two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhhanga, in connection with Bishanpur Police Station Case No. 105 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √