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Patna High CourtCR. MISC./7234/2021bail granted

Virrendra Kumar Mahto @ Birendra Mahto v. The State Of Bihar

2021-12-21Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7234 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== 1.

VIRRENDRA KUMAR MAHTO @ BIRENDRA MAHTO Son of Madan Mahto Resident of Village - Sirsiya, P.S. - Baheri, District - Darbhanga. 2.

Tej Narayan Mahto Son of Kripal Mahto Resident of Village - Sirsiya, P.s. - Baheri, District - Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Singh For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-12-2021 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Baheri Police Station Case No. 148 of 2020, disclosing offences under Sections 341/ 342/ 323/ 307/ 354/ 379 /504 /506 of the Indian Penal Code.

The learned Counsel for the petitioners has submitted that the occurrence has taken place due to land dispute, as evident from the FIR itself. He has also submitted that F.I.R. shows itself that the dispute between both the parties are coming for one year. He has fuhrer submitted that there is also a counter case bearing Baheri P.S. Case No.98 of 2020.

Patna High Court CR. MISC. No.7234 of 2021(2) dt.21-12-2021 2/2 The members of petitioner's side have also been badly injured. The allegation against the petitioner No.1 is that he assaulted the informant and the allegation against the petitioner No.2 is that he assaulted Ruby Devi. The informant and Ruby Devi have been medically examined and as per injury report, the injuries on both these persons are simple in nature caused by hard and blunt substance.

Considering the aforesaid fact that there is allegations and counter allegations between both the parties, the application for anticipatory bail is allowed. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks, be released 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 learned Additional Chief Judicial Magistrate-IX, Darbhanga, in connection with Baheri Police Station Case No. 148 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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