Patna High CourtCR. MISC./86914/2019bail granted

Botal Mahto v. The State Of Bihar

2020-06-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86914 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

BOTAL MAHTO, Son of Late Ramdeo Mahto Resident of Village - Mubarkpur Krishi Farm, P.S.- Shahpur, District- Patna 2.

Thekun Mahto @ Rajesh Mahto @ Rajesh Kumar Mahto, Son of Botal Mahto Resident of Village - Mubarkpur Krishi Farm, P.S.- Shahpur, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2020 Heard Mr. Dhananjay Kumar Tiwary, learned counsel for the petitioners and Ms. (Dr.) Indiwar Kumari, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Shahpur P. S. Case No. 117 of 2019 dated 25.03.2019 instituted for the offences under Sections 147, 341, 323, 504 and 307 of the Indian Penal Code.

The occurrence arose out of a small incident when the petitioner no. 2 is said to have assaulted the informant on her head. The petitioner no. 1, apart from exhorting his colleague, is also said to have assaulted the son of the

Patna High Court CR. MISC. No.86914 of 2019(4) dt.29-06-2020 2/2 informant.

It has been urged on behalf of the petitioners that the petitioner no. 1 also has been injured in an occurrence for which he had earlier filed a case than the present case. There is nothing on record to indicate that either the informant or her son have become injured in the occurrence.

Regard being had to the nature of accusation, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Danapur in connection with Shahpur P. S. Case No. 117 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U