Mithlesh Mahto @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72907 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== 1.

MITHLESH MAHTO @ MITHLESH KUMAR Son of Arjun Mahto Resident of Village - Chamtha, Police Station Bachwara, District - Begusarai.

2.

SADANAND MAHTO @ SADANAND KUMAR Son of Arjun Mahto Resident of Village - Chamtha, Police Station Bachwara, District - Begusarai.

3.

HARE KISHUN MAHTO @ HAREKRISHAN KUMAR Son of Arjun Mahto Resident of Village - Chamtha, Police Station Bachwara, District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Dinesh Maharaj, Advocate For the State :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bachwara P.S. Case No. 153 of 2023 registered for the offence punishable under Sections 341, 323, 324, 307, 354B, 448, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, petitioners along with other co-accused persons armed with iron rod, Farsa, pistol and Gadasa, entered the house of the informant and assaulted him and his wife.

Patna High Court CR. MISC. No.72907 of 2023(2) dt.07-11-2023 2/2

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. Parties are neighbours. As per the injury report, the injuries sustained by the informant and his wife are simple in nature. Petitioners claim clean antecedents.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Considering the rival submissions, nature of injuries and facts and circumstances of the case, prayer for bail of the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within six weeks from today, let the petitioners, mentioned 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 learned Chief Judicial Magistrate, Begusarai, in connection with Bachwara P.S. Case No. 153 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T