Hiralal Mahto @ Heera Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85668 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== 1.
Hiralal Mahto @ Heera Lal S/O Mukhlal Mahto Resident Of VillageGokhul, P.S.- Keoti, District- Darbhanga 2.
Jawahar Mahto S/O Mukhlal Mahto Resident Of Village- Gokhul, P.S.- Keoti, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Kumar For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code.
3. As per the FIR, the allegation against petitioners is that they have taken signature of informant's nephew on pretext of exchange agreement in year 2017, therefore the informant has given an application in Gram Kachhari and on 22.07.2023 when he along with others were returning from Gram Kachhari, all the accused persons including the petitioners surrounded them and petitioner no.1 Hiraland Mahto given an order to kill them then petitioner no.2 assaulted the informant by means of Farsa on his head due to which informant sustained head injury.
Patna High Court CR. MISC. No.85668 of 2023(2) dt.10-01-2024 2/2
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case due to previous land dispute. The F.I.R. has been lodged after the delay of 10 days from the occurrence. There is case and counter case between the parties. As per injury report of the informant, he has not sustained any injury on his head. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 20.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Darbhanbga in connection with Keoti P.S. Case No. 214 of 2023. (Sunil Kumar Panwar, J) lata/- U T