Bijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72850 of 2022 Arising Out of PS. Case No.-114 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

Bijay Mahto Son Of Ballee Mahto R/O Village- Pyalapur (JURAWANPUR), P.S.- Ishipur Bartahat, District- Bhagalpur 2.

Manoj Mahto Son Of Balle Mahto R/O Village- Pyalapur (JURAWANPUR), P.S.- Ishipur Bartahat, District- Bhagalpur 3.

Misri Mahto Son Of Ballee Mahto R/O Village- Pyalapur (JURAWANPUR), P.S.- Ishipur Bartahat, District- Bhagalpur 4.

Nikhil Mahto Son Of Misri Mahto R/O Village- Pyalapur (JURAWANPUR), P.S.- Ishipur Bartahat, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 448, 323, 354, 307, 379, 504 and 506 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries which

Patna High Court CR. MISC. No.72850 of 2022(2) dt.02-02-2023 2/2 are simple in nature. He submits that the informant leveling false allegation under Section 354 I.P.C. as all the petitioners are belongs to the same family. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is case and counter case between the parties and the injuries found upon the victim is 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 Ishipur Barahat P.S. Case No.114/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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