Dharmendra Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60773 of 2022 Arising Out of PS. Case No.-215 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

DHARMENDRA MAHATO Son of - Late Mewalal Mahato R/O VillageBarajairam, P.S- Chiraiya, District- East Champaran 2.

Jitendra Mahato Son of Late Mewalal Mahato R/O Village- Barajairam, P.SChiraiya, District- East Champaran 3.

Most. Lalita Devi W/O Late Mewalal Mahato R/O Village- Barajairam, P.SChiraiya, District- East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

JITENDRA MAHATO LATE MEWALAL MAHATO BARAJAIRAM ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mrs. Nirmala Kumari Mr. Kundan Rathore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 452, 379, 504, 506 of the Indian Penal Code and 27 of Arms Act.

Allegedly, the petitioners alongwith other co-accused persons indiscriminately assaulted the informant's side by means of several weapons due to which they sustained injuries. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.60773 of 2022(2) dt.10-01-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioners are also involved in the present case.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners 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 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 court below where the case is pending/Successor Court in connection with Chiraiya P.S. Case No.215 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T