Sri Niwas Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80023 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- BANDEYA District- Aurangabad ======================================================

1. Sri Niwas Mahto Son of Ramanand Mahto

2. Lalu Mahto Son of Ramanand Mahto Both resident of village Bala Bigha P.S. Bandeya District Aurangabad ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2019 Heard both sides.

Petitioners apprehend their arrest in Bandeya P.S. Case No.25 of 2018 registered under Sections 341, 323, 324, 448, 308, 504, 506 and 34 of the Indian Penal Code. The informant alleged that while her son was irrigating his field, the petitioners picked up some quarrel and assaulted her son and also assaulted the informant. Learned counsel for the petitioners submits that prior to institution of the case on the basis of the fardbeyan of Ramanand Mahto, the father of petitioners no.1 and 2, Bandeya P.S. Case No.24 of 2018 had been registered. Some scuffle took place between both sides on account of irrigation of land. The injuries sustained by the informant and others are simple in

Patna High Court Cr.Misc. No.80023 of 2018(2) dt.11-01-2019 2/2 nature.

Considering the facts aforesaid and the fact that there is a case and counter case and both sides entered into the scuffle on account of irrigation of land, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Bandeya P.S. Case No.25 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U