Govind Mahdav @ Govind Madhav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62187 of 2022 Arising Out of PS. Case No.-142 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== 1.

GOVIND MAHDAV @ GOVIND MADHAV Son of Late Devnandan Singh R/V- Sarahaniya, P.S- Gosain, Dist- Muzaffarpur 2.

Kamakhya Narayan Singh Son of Late Devnandan Singh R/V- Sarahaniya, P.S- Gosain, Dist- Muzaffarpur 3.

Digvijay Narayan Singh Son of Late Devnandan Singh R/V- Sarahaniya, P.S- Gosain, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Aurai P.S. Case No.142 of 2021, registered for the offences punishable under Sections 341, 323, 457, 504, 506, 379, 307, 354(B) and 34 of the Indian Penal Code.

It is alleged that in the night of 14.07.2021, the petitioners alongwith other co-accused persons came in front of the house of the informant started abusing him. Co-accused, Chandu Mahato inflicted farsa blow on the head of the informant causing bleeding injury and when the son of the informant came to save him, co-accused, Nandu Mahato assaulted him with iron rod on his head. It is further alleged that

Patna High Court CR. MISC. No.62187 of 2022(2) dt.10-01-2023 2/3 co-accused, Raju Mahato outraged the modesty of the aunt of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioners are order giver and the injuries sustained by the injured persons are simple in nature. It is submitted that no specific overt act is alleged against the petitioners. It is further submitted that the police after investigation submitted final form against the petitioners, but the learned court below after differing with the final form took cognizance against them.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class (East), Muzaffarpur in connection with Aurai P.S. Case No.142

Patna High Court CR. MISC. No.62187 of 2022(2) dt.10-01-2023 3/3 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T