Sanjeet Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82716 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

Sanjeet Mahto, aged about 26 years (M), Son of Shambhu Mahto Resident of Village- Kurhiya, P.S.- Pipra, District- East Champaran. 2.

Ranjeet Mahto @ Ranjeet Kumar, aged about 24 years (M), son of Shambhu Mahto, Resident of Village- Kurhiya, P.S.- Pipra, District- East Champaran. 3.

Lalita Devi, aged about 48 years (F) wife of Shambhu Mahto Resident of Village- Kurhiya, P.S.- Pipra, District- East Champaran. 4.

Prabha Kuar, aged about 66 years (F) wife of Late Bhola Mahto, Resident of Village- Kurhiya, P.S.- Pipra, District- East Champaran. 5.

Santu Mahto, aged about 51 years (M), son of Late Sudama Mahto, Resident of Village- Kurhiya, P.S.- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in Pipra P.S. Case No. 163 of 2019 registered for the offence under Sections 341, 323, 324, 379, 307, 504, 506/34 of the Indian Penal Code.

As per prosecution case, on 26.05.2019 at about 7.00 A.M., co-accused Shambhu Mahto along with petitioners came at the door of informant and started abusing and thereafter co-

Patna High Court CR. MISC. No.82716 of 2019(2) dt.18-12-2019 2/3 accused Shambhu Mahto gave Lathi blow on the head of informant causing injury on head. It is further alleged that all accused began to assault his son and other family members. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case due to land dispute. There is no specific allegation against the petitioners. Moreover as per injury report, the injury found on the head of the informant is simple in nature. It has also been submitted that all sections are bailable except Section 307 and 379 I.P.C and allegation of theft levelled against petitioner no. 1 is supper addition, added to make the case serious in nature.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of arrest of surrender within a period of six weeks from today let the above named petitioners be enlarged 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 Pipra P.S. Case No.

Patna High Court CR. MISC. No.82716 of 2019(2) dt.18-12-2019 3/3 on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below. (ii) if the petitioners tamper with the evidence or the witnesses, in that case, prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shakir/- U T