Pramod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62126 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== 1.
Pramod Mahto son of Late Mangal Mahto R/O- Purshautompur, P.SKalyanpur, District- Samastipur 2.
Munna Mahto @ Munna Kumar Mahto son of Pramod Mahto R/OPurshautompur, P.S- Kalyanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard Mr. Shashank Shekhar, learned counsel for the petitioners and Mr. Dilip Kumar No. 1 learned A.P.P. for the State.
2. Though vakalatnama has been filed on behalf of the informant, but nobody appears on behalf of the informant.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 354, 379, 380, 323, 465, 467, 468, 506, 201 of the Indian Penal Code.
4. As per the F.I.R., a partition was going to be held between the brothers of husband of the informant but one of the
Patna High Court CR. MISC. No.62126 of 2024(3) dt.13-12-2024 2/3 brother of the informant, forcefully tried to grab the land of the informant. It is further alleged that, thereafter, the accused persons caught her husband and encircled the rope in the neck of the informant and started to pull due to which the husband of the informant died. They also assaulted the members of the informant's side by means of legs and fists.
5. Learned counsel for the petitioners submits petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that both parties are agnates and there is admitted land dispute between the parties. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 11.09.2024 passed in Cr. Misc. No.57297 of 2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing
Patna High Court CR. MISC. No.62126 of 2024(3) dt.13-12-2024 3/3 bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kalyanpur P.S. Case No.74 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T