Mithlesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70760 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- BIRUPUR District- Lakhisarai ====================================================== 1.

Mithlesh Mahto S/O Rambalak Mahto R/O Village- Turkaijani, P.S- Birupur, Distt.- Lakhisarai.

2.

Govind Mahto @ Govind Kumar S/O Fantoos Mahto R/O VillageTurkaijani, P.S- Birupur, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 325, 307, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners are said to have assaulted the informant and his family members by means of iron rod and lathi.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the injuries found upon the victim

Patna High Court CR. MISC. No.70760 of 2023(2) dt.22-11-2023 2/2 are simple in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that the injuries found upon the victim are simple in nature, let the petitioners, named above, in the event of their 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Birupur P.S. Case No.25 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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