Madan Mahtoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69669 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== 1.

Madan Mahtoo Son of Late Bhajan Mahtoo 2.

Kewal @ Santosh @ Kewal Kumar @ Santosh Kumar Chauhan @ Santosh Chauhan Son of Madan Mahtoo 3.

Jaikishore Mahtoo Son of Late Gola Mahtoo 4.

Sunita Devi @ Sujita Devi Wife of Jaikishore Mahtoo 5.

Ravindra Mahtoo Son of Late Gola Mahtoo All resident of Village - Basaon, P.S.- Basantpur, Distt - Siwan. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Prakash Chandra Jha, Advocate For the Opposite Party :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-06-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioners apprehend their arrest in connection with Basantpur P.S. Case No. 217 of 2019 registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.

Although, petitioners are named in the first information report but no specific overt-act has been attributed against the petitioners. Admittedly, there is case and counter

Patna High Court CR. MISC. No.69669 of 2019(4) dt.26-06-2020 2/2 case between the parties on account of land dispute. The injury report of injured Harendra Prasad goes to show that he sustained, altogether, three injuries and only one injury was found grievous in nature. Moreover, author of the aforesaid injuries are other FIR named accused persons. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on 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 Chief Judicial Magistrate, Siwan in Basantpur P.S. Case No. 217 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T