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Patna High CourtCR. MISC./132/2023allowed

Sidheshwar Mahto v. The State Of Bihar

2023-03-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.132 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

SIDHESHWAR MAHTO Son of Late Ram Bhajan Mahto Resident of Driver hut main road, Barughutu East, Mandu, Banji, Dist- Ramgarh, State Jharkhand 825314 2.

Dinesh Paswan Son of Late Ramkhelawan Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- Jehanabad, Bihar- 804427 3.

Shiko Kumar @ Bhuri Paswan Son of Dinesh Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- Jehanabad, Bihar- 804427 4.

Brajbhushan Paswan @ Bhushan Paswan Son of Ramchandra Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- Jehanabad, Bihar- 804427 5.

Sharmila Devi Wife of Dinesh Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- Jehanabad, Bihar- 804427 6.

Sharmila Devi Wife of Shailesh Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- Jehanabad, Bihar- 804427 7.

Mina Devi @ Meena Devi Wife of Shiv Balabh Paswan @ Shivblam Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- Jehanabad, Bihar804427 8.

Kapura Devi Wife of Kamal Nain Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- jehanabad Bihar 804427 9.

Minta Devi @ Mintta Devi Wife of Bablu Paswan R/o Kurtadih, Dhonrha Chak, Kurtha Bazar, Dist- jehanabad Bihar 804427 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 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 147, 148, 149, 341, 323, 447, 337, 335, 353, 504, 506 & 120B of the

Patna High Court CR. MISC. No.132 of 2023(2) dt.21-03-2023 2/3 Indian Penal Code pending in the learned court below. Petitioners along with other co-accused persons are said to have thrown bricks and stones on the Police personnel. 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 general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that the petitioners have filed a title suit regarding the present land bearing Title Suit No.124/1993 which is pending in the learned Court below. He submits that the informant is the C.O. of Makhdumpur alleging therein that the petitioner has encroached the Government land.

further submits that petitioners have got no criminal antecedent except petitioner no.7 who has one 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, 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.

Patna High Court CR. MISC. No.132 of 2023(2) dt.21-03-2023 3/3 satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Makhdumpur P.S. Case No.219/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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