Matukdhari Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70581 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- JHAJHA District- Jamui ====================================================== 1.

Matukdhari Rawat Son Of Late Jato Rawat Resident Of Village Dhamna P.S Jhajha District Jamui 2.

Chandan Kumar Rawat @ Chandan Kumar Son Of Matukdhari Rawat Resident Of Village Dhamna P.S Jhajha District Jamui 3.

Kunal Ranjan Son Of Matukdhari Rawat Resident Of Village Dhamna P.S Jhajha District Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 323, 307, 447, 427, 337, 504 and 506 of the Indian Penal Code.

3. Petitioners are said to have assaulted the informant and his brother as a result of which they sustained severe injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is no specific

Patna High Court CR. MISC. No.70581 of 2023(2) dt.22-11-2023 2/3 overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that a title suit is also pending between the parties which is lodged by the father of the informant against the family members of the petitioners. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that there is specific overt act against the petitioner no. 3 who assaulted the injured person.

6. Considering the facts and circumstances of the case, let the above named petitioner nos. 1 and 2 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Jhajha P.S. Case No. 318 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. So far as petitioner no. 3 is concerned, there is

Patna High Court CR. MISC. No.70581 of 2023(2) dt.22-11-2023 3/3 specific overt act against him, I am not inclined to enlarge the petitioner no. 3 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case. (Anjani Kumar Sharan, J) devendra/- U T