Adhik Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54678 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== 1.

Adhik Mahto Son Of Late Tulsi Mahto Village- Manikpur, Ps- Manikpur, Dist- Lakhisarai 2.

Pankaj Kumar Son Of Adhik Mahto Village- Manikpur, Ps- Manikpur, DistLakhisarai 3.

Shoshan Mahto Son Of Late Mithu Mahto Village- Manikpur, Ps- Manikpur, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that a supplementary affidavit has been filed wherein it has been pleaded that inadvertently before the father's name of the petitioner Nos. 1 and 3 "late" has not been prefixed and thus seeks permission to rectify the description of father's name of petitioner Nos. 1 and 3.

Patna High Court CR. MISC. No.54678 of 2024(3) dt.20-08-2024 2/3 4.

Permission is accorded.

5.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner No. 1 is a person aged about 80 years while Petitioner No. 3 is aged about 69 years and the informant alleges that on 1-4-2024 at about 06-07 PM, while he was constructing his house for which he was storing the centering material, when accused persons came and started abusing him, on protest, it is alleged that the accused persons, including the petitioners assaulted the informant through fists, slaps, lathi, danda and iron rod causing injury.

6.

Learned counsel further submits that from perusal of allegation as alleged in the FIR, it would manifest that the allegation of assault is general and omnibus in nature. It is also submitted that the injury suffered by the injured is simple in nature and a person, who remained a person with clean antecedent all his life, all of a sudden, has been made a criminal by the informant with the aforesaid allegation. 7.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

8.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.54678 of 2024(3) dt.20-08-2024 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manikpur P.S. Case No. 22 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T