Binod Mahto @ Binod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70815 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- BARH District- Patna ====================================================== 1.
BINOD MAHTO @ BINOD KUMAR SON OF YAMUNA MAHTO R/O VILLAGE- SIKANDARPUR, P.S.- BARH, DISTRICT- PATNA (BIHAR) 2.
BANTI MAHTO @ RAKESH KUMAR SON OF ARUN MAHTO R/O VILLAGE- SIKANDARPUR, P.S.- BARH, DISTRICT- PATNA (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under sections 323, 341, 342, 380, 452, 504, 506, 34 of the Indian Penal Code.
It is alleged that the petitioners along with other coaccused had entered the courtyard of the informant, meanwhile when the informant went out of his room, they assaulted him causing head injury. On protest from informant's wife, they assaulted her and snatched mangalsutra from her. They also took away Rs.9,000 in cash from the informant's house. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.70815 of 2022(2) dt.05-05-2023 2/2 Petitioner no.1 is a labour, petitioner no.2 is a mason who has worked as labour for 10 days at informant house and only 50 per cent amount has been paid to them and when they demanded for due amount, they refused to pay it and thereafter this false case has been lodged against these petitioners. Petitioners claim clean antecedent.
Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Barh in connection with Barh P.S. Case No. 95 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T