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Patna High CourtCR. MISC./27504/2017allowed

Rama Nand Mahto And ANR v. The State Of Bihar

2017-07-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27504 of 2017 Arising Out of PS.Case No. -335 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Rama Nand Mahto

2. Baju Mahto @ Baijnath Mahto, Both S/o Late Sonelal Mahto, Resident of Village- Mordiwa, P.S. Muffasil, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 341/323 /325/307/379/452/504/506 of the Indian Penal Code. Admittedly, the occurrence took place on account of serious land dispute between the parties. The allegation against the petitioner No. 1 is that he attacked the informant on the forehead with Gadansa. However, injury report indicates that the said wound so caused by petitioner No. 1 is simple in nature. So far as the injury inflicted by petitioner No. 2 is concerned, it is found to be grievous in nature.

However, considering the entire gamut of circumstances

Patna High Court Cr.Misc. No.27504 of 2017 (2) dt.18-07-2017 P2/2 and taking into consideration the fact that another similarly situated co-accused, namely, Anil Mahto who had inflicted the injury on the feet of the informant has been extended the privilege of anticipatory bail vide order dated 11.07.2017 passed in Cr. Misc. No. 25770 of 2017 and that these petitioners are not having any criminal antecedent, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Muffasil P.S. Case No. 335 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T