Bindeshwari Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79913 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== 1.
Bindeshwari Mahto Son Of Late Nagina Mahto R/O Village- Ahirauliya, P.S.- Ramgarhwa, Dist.- East Champaran 2.
Jatai Mahto Son Of Late Nagina Mahto R/O Village- Ahirauliya, P.S.- Ramgarhwa, Dist.- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant. It is alleged that petitioner no. 1 has took Rs. 5,500/- from the pocket of the informant and petitioner no. 2 snatched golden chain from the neck of the informant.
4. Learned counsel for the petitioners petitioners are innocent and have been falsely implicated in this case. The
Patna High Court CR. MISC. No.79913 of 2023(2) dt.15-12-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the Doctor examined the injured informant and opined that the injury was simple in nature. He further submits that there is compromise between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ramgarhwa P.S. Case No.94 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T