Bhaso Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69255 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- GHOSWARI District- Patna ======================================================

1. Bhaso Mahto, Son of Late Chalitra Mahto,

2. Chote Mahto, Son of Late Chalitra Mahto,

3. Bakhori Mahto, Son of Late Chalitra Mahto,

4. Chandradeo Mahto, Son of Late Chalitra Mahto,

5. Muno Mahto, Son of Late Chalitra Mahto, All R/o VillageIshanagar, P.S.- Ghoswari, Dist- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 354, 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that while the complainant was cleaning bricks, the accused persons abused the brother of the informant and on protest, the accused persons assaulted him with bricks.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.69255 of 2018(2) dt.30-11-2018 2/2 petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place due to land dispute. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Ghoswari P.S. Case No. 47 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T