Suresh Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37669 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Suresh Mahto

2. Kishore Mahto @ Raj Kishore Mahto Both Son of Biltoo Mahto All resident of village - Majharia, P.S. Piprakothi, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504, 325 of the Indian Penal Code.

The prosecution case is that the petitioners assaulted the informant by farsha and lathi. On alarm being raised, the nearby people came to rescue. The accused persons caused injury to the brother of the informant and snatched Rs. 15,000/- from the pocket of informant's son. The accused persons also assaulted to family members of the informant and when one Alakh

Patna High Court Cr.Misc. No.37669 of 2015 (2) dt.21-09-2015 Sahani came to save them he was also assaulted. It is submitted by the learned counsel for the petitioners that three persons received injury from the informant's side. All the injuries have been found to be simple in nature except one fracture of right side of tibia of Munnilal Sahani. Six persons from the petitioners' side have also received injury. Brother of petitioner no. 1 Bir Bahadur Mahto have received three grievous injuries. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. There is counter version of the occurrence.

Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 136 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K.