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Patna High CourtCR. MISC./70907/2021bail granted

Guddu Mahto @ Guddu Kumar v. The State Of Bihar

2022-06-06Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70907 of 2021 Arising Out of PS. Case No.-255 Year-2021 Thana- MAHUA District- Vaishali ====================================================== 1.

Guddu Mahto @ Guddu Kumar Son of Late Aklu Mahto Resident of Village - Mahua Singhray, P.S.- Mahua, Distt.- Vaishali at Hajipur. 2.

Jhimli Mahto @ Savan Kumar Son of Late Aklu Mahto Resident of Village - Mahua Singhray, P.S.- Mahua, Distt.- Vaishali at Hajipur. 3.

Vikaram Kumar Son of Tuntun Mahto Resident of Village - Mahua Singhray, P.S.- Mahua, Distt.- Vaishali at Hajipur. 4.

Sharavan Kumar Son of Tuntun Mahto Resident of Village - Mahua Singhray, P.S.- Mahua, Distt.- Vaishali at Hajipur. 5.

Vinod Mahto Son of Jagdish Mahto Resident of Village - Mahua Singhray, P.S.- Mahua, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-06-2022 Heard learned counsel for the parties and perused the record.

The petitioners apprehend their arrest in connection with Mahua P.S. Case No. 255 of 2021 registered for the offence under Sections 147, 148, 149, 448, 323, 324, 307, 379, 504, 506 and 354 of the Indian Penal Code.

The allegation against the petitioners as per prosecution case is that they entered into the house of informant and started abusing and assaulting and also molestrated the

Patna High Court CR. MISC. No.70907 of 2021(2) dt.06-06-2022 2/3 daughter of informant and also caused injury to the cousin father-in-law of informant on his head by inflicting knife blow and took away Rs. 5500/- from his pocket.

Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the present case is counter blast of Mahua P.S. Case No. 256 of 2021. He further submits that in the present case offence under Sections 354 and 379 of the Indian Penal Code are super addition and the injuries alleged to have been caused by the petitioners are simple in nature.

Learned A.P.P. for the State has opposed the bail petition.

It appears from the perusal of record and submission on behalf of petitioners that there is case and counter case between the parties and it is stated in the petition that there is no criminal antecedent of the petitioners and injuries alleged to have been caused by the petitioners are simple in nature. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.70907 of 2021(2) dt.06-06-2022 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 255 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) mdrashid/- U T