Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72934 of 2019 Arising Out of PS. Case No.-396 Year-2018 Thana- MANER District- Patna ====================================================== 1.

Umesh Mahto, aged about 47 years, Male, Son of Gajadhar Mahto 2.

Mantu Kumar @ Mantus Kumar, aged about 20 years, Male, Son of Umesh Mahto, both resident of Village - Sadiqpur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend his arrest in connection with Maner P.S. Case No. 396 of 2018 registered for the offences punishable under Sections 341, 323, 324, 308, 504/34 of the Indian Penal Code.

Allegation against the petitioners is that the petitioners along with other accused persons entered into the house of the informant and petitioner no.1 wrapped a towel in the neck of the informant and dragged him, whereas, petitioner no.2 assaulted the informant by means of Hasua, causing injury near his left eye.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.72934 of 2019(4) dt.05-03-2020 2/2 petitioners have falsely been implicated in this case due to dispute relating to drainage in between the parties. Learned counsel further submits that both the parties are neighbours and from perusal of the order dated 06.11.2018 passed by learned Additonal Sessions Judge-VI, Danapur in A.B.P. No.6105 of 2018 filed by the co-accused, it would be evident that no injury report has been produced by the informant. In paragraph-40 of the case diary, the injury report shows that the injury is simple in nature.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of Sushree Nutan Kumari, Judicial Magistrate Ist Class, Danapur in connection with Maner P.S. Case No. 396 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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