Jitendra Kumar @ Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2332 of 2023 Arising Out of PS. Case No.-154 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Jitendra Kumar @ Jitendra Mahto Son Of Jiyalal Mahto R/O Vill.- Panapur Bangla Tola, P.O.- Panapur, P.S.- (O.P)- Panapur, P.S.- Minapur, Distt.- Muzaffarpur 2.

Sonu Kumar @ Sonu Mahto Son Of Jiyalal Mahto R/O Vill.- Panapur Bangla Tola, P.O.- Panapur, P.S.- (O.P)- Panapur, P.S.- Minapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akasraj, Advocate Mr. Santosh Kumar Mr. Arun Bharti Mr. Ranjit Ranjan For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 354(B), 120(B) and 34 of the Indian Penal Code.

As per prosecution case, owing to land dispute all the accused persons came under conspiracy having armed variously and started assaulting informant's father and when her

Patna High Court CR. MISC. No.2332 of 2023(3) dt.06-04-2023 2/3 bhabhi came to save, they inflicted farsa blow and made injured due to which she became unconscious.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. He submits that there is no specific overt act against the petitioners. He submits that both sides have sustained grievous injuries and during treatment father of the informant died. Petitioner no. 1 has got two criminal antecedents and petitioner no.2 has got one criminal antecedent as mentioned in para-2 of this application. Learned APP for the State as well as learned counsel for the informant oppose prayer for anticipatory bail and submitted that the petitioners are also involved in the present case.

Considering the facts and circumstances of the case, arguments of the parties and perusal of the records it is clear that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.2332 of 2023(3) dt.06-04-2023 3/3 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 Minapur P.S. Case No. 154 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T