Jugeshwar Matho And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65372 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- HALSI District- Lakhisarai ======================================================
1. Jugeshwar Matho, S/o Late Sital Mahto,
2. Surendra Mahto, S/o Late Sital Mahto,
3. Subodh Mahto, S/o Jugeshwar Mahto
4. Amarjeet Kumar, S/o Jugeshwar Mahto All are resident of Village- Gaura, P.S.- Halsi, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 307, 354, 504 and 506 of the Indian Penal Code.
The prosecution case, in short, is that the informant was cleaning the drainage of his house, the accused persons variously armed came and assaulted the informant using abusive language due to which he sustained injury. The family members of the informant were also assaulted.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.65372 of 2018(3) dt.31-10-2018 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner no. 1 is alleged to have assaulted Ravi Ranjan. The nature of injury of Ravi Ranjan is said to be simple. Petitioner no. 3 is alleged to have assaulted Ashok Bharti. The nature of injury of Ashok Bharti is said to be simple. Petitioner no. 4 is alleged to have assaulted Kishore Bharti. The nature of injury of Kishore Bharti is said to be simple. As far as petitioner no. 2 is concerned, he has not caused injury to anyone. The coaccused namely Durgesh Mahto and Suman Mahto, who have assaulted Saraswati Devi by means of khanti and the said injury is said to be grievous.
The said accused persons are not the petitioners in the present case. The nature of injuries are simple in respect to the assault made by the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.65372 of 2018(3) dt.31-10-2018 3/3 J.M. 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 90/2018 (G.R. No. 814/18), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T