Narayan Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63686 of 2022 Arising Out of PS. Case No.-101 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== 1.
RAMASHRAY YADAV S/O BASUDEV YADAV @ VASUDEV YADAV Resident of village- Chiraila Tola Raja Bigha, P.S.- Belaganj, District- Gaya. 2.
NAGENDRA KUMAR @ NAGENDRA YADAV S/O PAYARE YADAV Resident of village- Chiraila Tola Raja Bigha, P.S.- Belaganj, District- Gaya. 3.
RINA DEVI W/O NAGENDRA YADAV @ NAGENDRA KUMAR Resident of village- Chiraila Tola Raja Bigha, P.S.- Belaganj, District- Gaya. 4.
VASUDEV YADAV @ BASUDEV YADAV S/O HARICHAND YADAV Resident of village- Chiraila Tola Raja Bigha, P.S.- Belaganj, District- Gaya. 5.
MANJU KUMARI @ MANJU DEVI W/O PINTU KUMAR @ NAGENDRA KUMAR Resident of village- Chiraila Tola Raja Bigha, P.S.- Belaganj, District- Gaya.
6.
MANTU KUMAR S/O RAMPYARE YADAV Resident of village- Chiraila Tola Raja Bigha, P.S.- Belaganj, District- Gaya. 7.
PINTU KUMAR @ PREMI KUMAR S/O RAMPYARE YADAV Resident of village- Chiraila Tola Raja Bigha, P.S.- Belaganj, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
Learned counsel for the petitioners seek permission to withdraw this application as against petitioner no.2, as he has been arrested by the police during the pendency of the bail application.
Permission is granted.
Patna High Court CR. MISC. No.63686 of 2022(3) dt.27-03-2023 2/3 Accordingly, this application as against petitioner no.2 is dismissed as withdrawn.
Now, this application is being heard with respect to petitioner no.1, 3, 4, 5, 6 and 7 only.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 379, 307, 324, 325 and 448 of the Indian Penal Code. The allegation against the petitioners is that they alongwith other co-accused persons 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 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 no specific overt act against the petitioners. He further submits that from the peusal of the injury report it is clear that one injury is grievous in nature but another injuries are of simple in nature. There is a case and counter-case between the parties and both sides have sustained injuries. The petitioners and the informant are agnates
Patna High Court CR. MISC. No.63686 of 2022(3) dt.27-03-2023 3/3 and there is an admitted land dispute between the parties. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case as there is general and omnibus allegation against the petitioners, let the above named petitioner no.1 and 3 to 7, 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 Belaganj P.S. Case No.101 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T