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Patna High CourtCR. MISC./58370/2023allowed

Munni Lal Mahto v. The State Of Bihar

2023-09-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58370 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Munni Lal Mahto, Son of Bhukhal Mahto, Resident of village - Jalaha, P.S. -Sangrampur, District - East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 234 of 2022 registered for the offence punishable under Sections 341, 323, 324, 308, 379, 504, 354 (B) and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner along with the co-accused have looted cash, ornaments and also assaulted informants side due to which informant's husband and son sustained injuries.

4. Learned counsel for the petitioner submits that there is case and counter case between the parties and injuries are simple in nature. Petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.58370 of 2023(2) dt.20-09-2023 2/2 implicated in this case. Learned counsel for the petitioner further submits that similarly situated co-accused persons have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 28.04.2023 passed in Cr. Misc. No. 12038 of 2023. There is no specific allegation against the petitioner and he has no criminal antecedent.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 234 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T