Lal Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67699 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- LAURIA District- West Champaran ====================================================== 1.

LAL BABU MAHTO Son of Nathuni Mahto Resident of Village - Lauriya, Mishra Tola, P.S.- Lauriya, Distt.- West Champaran. 2.

Manoj Kushwaha @ Manoj Mahto Son of Nathuni Mahto Resident of Village - Lauriya, Mishra Tola, P.S.- Lauriya, Distt.- West Champaran. 3.

Sunil Mahto Son of Nathuni Mahto Resident of Village - Lauriya, Mishra Tola, P.S.- Lauriya, Distt.- West Champaran.

4.

Nathuni Mahto Son of Late Sitaram Mahto Resident of Village - Lauriya, Mishra Tola, P.S.- Lauriya, Distt.- West Champaran. 5.

Rishikesh Kushwaha @ Rishikesh Mahto Son of Nathuni Mahto Resident of Village - Lauriya, Mishra Tola, P.S.- Lauriya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, due to the dispute about cutting soil, these petitioners and other FIR named accused persons are alleged to have assaulted the informant and others by means of Lathi, iron rod as a result of which seven persons

Patna High Court CR. MISC. No.67699 of 2021(2) dt.18-07-2022 2/2 sustained injuries.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. There is case and counter case in which both sides sustained injuries. The dispute arose on account of digging of soil. There is delay of two days in lodging the FIR and 15 days in sending the FIR before the concerned Magistrate. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Lauriya PS case No. 99/2021, subject to conditions laid down u/s 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T