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Patna High CourtCR. MISC./60611/2024bail granted

Mukesh Kumar Mahto @ Mukesh Mahto v. The State Of Bihar

2024-08-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60611 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Mukesh Kumar Mahto @ Mukesh Mahto Son of Late Kuldip Mahto R/O Vill.- Chauki, P.S.- Sahebpur Kamal, Dist.- Begusarai. 2.

Ranjan Kumar Son of Krishndev Mahto @ Kishun Dev Mahto R/O Vill.- Chauki, P.S.- Sahebpur Kamal, Dist.- Begusarai. 3.

Kundan Kumar Son of Krishndev Mahto @ Kishun Dev Mahto R/O Vill.- Chauki, P.S.- Sahebpur Kamal, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2024

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 143, 341, 323, 307 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioner nos. 1 and 3 have antecedent of one case and petitioner no. 2 is a person with clean antecedent and the informant alleges that petitioners along with other co-accused were plucking fruits from his orchard, on objection it is alleged that Sunil assaulted the informant by an iron rod causing injury on head and Rohit assaulted his son by a sharp edged weapon.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.60611 of 2024(2) dt.28-08-2024 2/2 informant. It is next submitted that on account of dispute relating to land, the present false case has been instituted by the informant against the petitioners and other. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioners.

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

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the 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 Sahebpur Kamal P.S. Case No. 154 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T