Patna High CourtCR. MISC./25656/2016partly allowed disposal

Amir Mahto And ORS v. The State Of Bihar

2016-07-05Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.25656 of 2016 (2) dt.05-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25656 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -CHAKAI District- JAMUI ======================================================

1. Amir Mahto, son of Hari Mahto

2. Karu Yadav, Son of Hari Mahto

3. Charku Yadav, Son of Hari Mahto

4. Suresh Yadav, Son of Chandar Yadav.

5. Jageshwar Yadav, son of Chandar Yadav

6. Jagdish Yadav, Son of KodoYadav.

7. Jamun Yadav, Son of Jagdish Yadav.

8. Hari Mahto, son of Late Atwari Mahto All are resident of Village- Naiyadih (Buksila), P.S. Chakai, District- Jamui .. Petitioners

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 05-07-2016 Heard learned counsel for the petitioners and the other side.

Petitioners apprehend their arrest in a case under sections 379, 307 and other allied sections of the Indian Penal Code.

The informant alleges that the accused persons came to his house and began to assault his family members. It is alleged that accused Amir Mahto and Hari Mahto (petitioners no.1 & 8) assaulted Sadanand Yadav with Farsa on his head, whereas accused Rewa Mehto and Charku Yadav (petitioner no.3) assaulted Jai Prakash Yadav with Farsa on his head. Suresh

Patna High Court Cr.Misc. No.25656 of 2016 (2) dt.05-07-2016 Yadav (petitioner no.3) assaulted Satyanarayan Yadav on his head with Tangi. Accused Gopal Yadav has also assaulted Jai Prakash by Farsa on his head, but he is not the petitioner in this case.

Learned counsel for the petitioners submits that there is case and counter case and in a counter case Amir Mahto (petitioner no.1) has also sustained injuries.

There is no specific allegation against Karu Yadav, Jageshwar Yadav, Jagdish Yadav, Jamun Yadav. Furthermore, I find that Amir Mahto has also sustained injuries on his head. In the facts and circumstances of the case, in the event of arrest/surrender, let petitioners no. 1, 2, 5, 6 & 7, as mentioned in the cause title, be released on bail on their furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of ACJM-II, Jamui in Chakia Police station Case No. 22 of 2016.

Prayer for bail of petitioners no. 3, 4 and 8, as mentioned in the cause title, is refused with direction to surrender and seek regular bail, which would be considered on its own merit without being prejudiced by this order. Shashi.

(Samarendra Pratap Singh, J) U T