Gheghan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55677 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

Gheghan Mahto, Son of Late Mujawan Mahto, Resident of Village- Sareya Narendra, P.S.- Barauli, District- Gopalganj. 2.

Pramod Mahato @ Pramod Mahto, Son of Yogendra Mahto (wrongly mention in the FIR as Gheghan Mahto), Resident of Village- Sareya Narendra, P.S.- Barauli, District- Gopalganj. 3.

Mukesh Mahto, Son of Gheghan Mahto, Resident of Village- Sareya Narendra, P.S.- Barauli, District- Gopalganj. 4.

Rajesh Mahto @ Rakesh Mahto, Son of Gheghan Mahto, Resident of Village- Sareya Narendra, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Sufyan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 This is an application for grant of anticipatory bail in connection with Barauli P. S. Case No. 84 of 2019, disclosing offences under Sections 341, 323, 307,354, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioners is of assaulting to the informant and other persons.

Submission of the learned counsel for the petitioners is that F.I.R. itself shows that there is dispute with respect to unloading of sand and there is case and counter case between the parties. It has further been submitted that the impugned

Patna High Court CR. MISC. No.55677 of 2019(2) dt.03-09-2019 2/2 order also disclosed that there is a case of free fighting between the parties, in which, the petitioners side has also received injuries.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that two persons have received sharp edged weapon injuries.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Barauli P. S. Case No. 84 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T