RAKESH MAHALDAR @ SURAJ MAHALDAR @ RAKESH KUMAR v. The State of Bihar
CR. MISC./62744/2024 · 2025-01-16
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70168 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70168 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62744 of 2024 Arising Out of PS. Case No.-68 Year-2021 Thana- AMDABAD District- Katihar ======================================================
1. RAKESH MAHALDAR @ SURAJ MAHALDAR @ RAKESH KUMAR Son of Sitaram Mahaldar @ Okasha Mahaldar Resident of village - Dakra, P.S.- Amdabad, District - Katihar
2. Dileep Mahaldar @ Dileep Kumar Singh Son of Late Hari Mahaldar Resident of village - Dakra, P.S.- Amdabad, District - Katihar
3. Shakti Mahaldar Son of Sitaram Mahaldar @ Okasha Mahaldar Resident of village - Dakra, P.S.- Amdabad, District - Katihar
4. Puswa Mahaldar @ Pushan Mahaldar Son of Kalu Mahaldar Resident of village - Dakra, P.S.- Amdabad, District - Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Bimal Kumar, Advocate For the State : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 16-01-2025 Heard learned counsels for the parties. 2. At the outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw the anticipatory bail application on behalf of Petitioner No. 4, namely Puswa Mahaldar @ Pushan Mahaldar. 3. Permission, as prayed for, is accorded. 4. Accordingly, the anticipatory bail application on behalf of Petitioner No. 4 is dismissed as withdrawn. 5. The Petitioner Nos. 1, 2 and 3 apprehend their arrest in a case registered for the offence punishable under
Patna High Court CR. MISC. No.62744 of 2024(3) dt.16-01-2025 2/3 Sections 341, 323, 324, 354, 307 and 34 of the Indian Penal Code. 6. The prosecution case, in brief, is that on 29.03.2021, all the F.I.R. named accused persons, including these petitioners, came to the house of informant and assaulted informant and his family members due to which they sustained multiple injuries. 7. It is submitted by learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in this case. As a matter of fact, both parties are own agnates and due to a petty dispute a simple maar peet took place between the parties in which both sides sustained injuries. There is case and counter-case between the parties. Injuries allegedly caused by these petitioners has been found to be simple in nature. Petitioners claim clean antecedents. 8.
On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 9. Considering the aforesaid facts and circumstances, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to Petitioner Nos. 1, 2
Patna High Court CR. MISC. No.62744 of 2024(3) dt.16-01-2025 3/3 and 3 is allowed. 10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 1, 2 and 3 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 Judicial Magistrate 1st Class, Katihar, in connection with Amdabad P.S. Case No. 68 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. shashank/- (Prabhat Kumar Singh, J) U T