Ranjay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83641 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
RANJAY MAHTO S/O GANESH MAHTO RESIDENT AT VILLAGEPURAINA, P.S.- DUMARIAGHAT, DIST- EAST CHAMPARAN 2.
BACHCHA MAHTO S/O SUKHRAM MAHTO RESIDENT AT VILLAGE- PURAINA, P.S.- DUMARIAGHAT, DIST- EAST CHAMPARAN 3.
GANESH MAHTO S/O SUKHRAM MAHTO RESIDENT AT VILLAGEPURAINA, P.S.- DUMARIAGHAT, DIST- EAST CHAMPARAN 4.
SUKHRAM MAHTO S/O LATE RAMASHRAY MAHTO RESIDENT AT VILLAGE- PURAINA, P.S.- DUMARIAGHAT, DIST- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Dumariaghat P.S. Case No. 126 of 2023, registered for the offences punishable under Sections 341, 323, 324, 325, 307, 447, 504/34 of the Indian Penal Code.
3. As per allegation, while the informant along with his family members were sitting at his door, all the accused persons equipped with farsa, iron rod and kinfe, started abusing and assaulting him and in consequence thereof, petitioner no. 1 is
Patna High Court CR. MISC. No.83641 of 2023(2) dt.18-01-2024 2/2 alleged to have assaulted the informant which hit on his leg whereas the other accused persons are said to have assaulted him, as a result of which he sustained injuries.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is case and counter case. The dispute arose on a trivial issue on drainage of the water as the houses of both the parties situate adjacent to the road. They are the persons of clean antecedents. He has submitted further that the injuries suffered by the informant are simple in nature.
5. Considering the above-mentioned facts and circumstances, especially the clean antecedent, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariaghat P.S. Case No. 126 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) Nirmal/- U T