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Patna High CourtCR. MISC./24073/2016disposed

Munna Mahton And ORS v. The State Of Bihar

2016-05-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24073 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -BALIA District- BEGUSARAI ======================================================

1. Munna Mahton son of Rajendra Mahton,

2. Dharmendra Kumar, son of Rajendra Mahton,

3. Rajendra Mahton, Son of Late Kashi Mahton,

4. Bhushan Mahton, son of Lae Kashi Mahton, all resident of VillageBarbigha, P.S.- Ballia, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 337, 427 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the First Information Report named accused persons including the petitioners abused the informant. On protest being made, petitioner no. 1 Munna Mahton pointed pistol and co-accused Suraj put towel around the neck of the informant and both started assaulting the informant with pistol and bricks, causing head injury. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.24073 of 2016 (2) dt.30-05-2016 petitioners that injury has been found superficial in nature. Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for two months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Ballia P.S. Case No. 10 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The bail bond of the petitioners will be confirmed by the learned court below if the injury is not found grievous, but it is found grievous then the petitioners shall surrender and pray for regular bail.

(Dinesh Kumar Singh, J) P.K./- U T