Brij Kishore Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78063 of 2018 Arising Out of PS. Case No.-40 Year-2017 Thana- SISWAN District- Siwan ======================================================

1. Brij Kishore Mahto, S/o Late Rampujan Mahto,

2. Pawan Kumar Mahto S/o Late Rampujan Mahto,

3. Umesh Mahto @ Umesh Kumar Mahto S/o Sri Nand Kishore Mahto, All R/o Vill.- Birti Mal, P.S.- Siswan (Chainpur O.P.), District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 The petitioners apprehend their arrest in connection with Siswan(Chainpur O.P) P.S.Case No. 40 of 2017 registered under Sections 147, 148, 149, 302, 307, 323, 325, 341, 354, 504 and 506 of the Indian penal Code.

Allegation against the petitioners is of assaulting the informant by knife, Farsa, Khanti, Lathi and Danda and when his father came to save him, there is allegation that petitioner no. 3 and other accused persons too assaulted him causing injury to him.

Submission of learned counsel for the petitioners is that there is case and counter case in between the parties and there is allegation of assault against the petitioners to the informant but no injury report is available on record and further the allegation of assault against petitioner no. 3 to the deceased but the same is

Patna High Court Cr.Misc. No.78063 of 2018(2) dt.04-01-2019 2/2 general and omnibus in nature and considering the same two accused persons against whom also there is allegation of assault to the deceased, have been granted anticipatory bail by coordinate Bench of this Court vide order dated 23.11.2017 passed in Cr. Misc. No. 43663 of 2017 and one of the persons from the petitioner's side has also received injuries. Heard learned APP also who has opposed the prayer of anticipatory bail.

Having heard both sides and considering the facts that other accused persons having similar allegation have also been granted privilege of anticipatory bail, let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail upon 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 ACJM-IV, Siwan in connection with Siswan (Chainpur O.P.) P.S. Case No. 40 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T