IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62915 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== 1. Anshu Kumari S/o Umesh Kumar Mahto Resident of Village - Paroriya, P.S- Ujiarpur, Dist- Samastipur 2. Sangita Kumari @ Sangita Devi W/O Umesh Kumar Mahto Resident of Village - Paroriya, P.S- Ujiarpur, Dist- Samastipur 3. Rakesh Mahto @ Rakesh Kumar Mahto S/o Late Nand Kishore Mahto Resident of Village - Paroriya, P.S- Ujiarpur, Dist- Samastipur 4. Navin Mahto @ Navin Kumar Mahto S/O Late Yugal Mahto Resident of Village - Paroriya, P.S- Ujiarpur, Dist- Samastipur 5. Ajay Kumar @ Palit S/O Ramchandra Mahto Resident of Village - Paroriya, P.S- Ujiarpur, Dist- Samastipur ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Adv. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 4 17-03-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Ujiarpur P.S. Case No. 125 of 2024 for the offence under Sections 147, 148, 149, 188, 341, 323, 324, 325, 307, 354B, 379, 504 and 506 of the Indian Penal Code. 3. As per the allegation in the FIR, on the alleged date of occurrence, all the FIR named accused persons including petitioners came to the house of informant being armed with iron rod, sword, bamboo and petrol in bottle and started Patna High Court CR. MISC. No.62915 of 2024(4) dt.17-03-2025 2/3 assaulting the informant and his family members. It is further alleged that Arvind Mahto (co-accused) assaulted on the back side of his (informant) head with swrod. Allegation against Umesh Kumar (co-accused) to assault the Bhabhi of informant, Tetari Devi. Petitioner no. 5 assaulted the informant on his leg and head by means of lathi. 4. Learned counsel for the petitioners submits that petitoners are innocent, committed no offence and have been falsely implicated in this case. Prosecution story is false, concocted, absurd and improbable. He further submits that there is case and counter case between the parties. On the alleged date of occurrence both parties have received injuries, from petitioners side petitioner no. 1, 2 and many other have received injuries. Learned counsel for the petitioners submits that due to some dues amount an altercation taken place between the parties and resultantly F.I.R. has been lodged. 5. Learned APP opposes the prayer of anticipatory bail. 6. From perusal of the F.I.R., it appears that main allegation to assault the informant by means of sword has been levelled against Arvind Mahto and Umesh Kumar (other co- accused persons). Who are not the present petitioners. Patna High Court CR. MISC. No.62915 of 2024(4) dt.17-03-2025 3/3 Allegation against Umesh Kumar to assault the sister-in-law (bhabhi) of the informant, namely, Tetari Devi. There is also allegation against petitioner no. 4 – Navin Mahto and petitioner no. 5 – Ajay Kumar to assault the informant by means of Lathi on his left hand and leg. There is a case and counter case between the parties. 7. Keeping in view the aforesaid fact, this Court is inclined to enlarge the petitioners on anticipatory bail, let the petitioners be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Dalsinghsarai, Samastipur in connection with Ujiarpur P.S. Case No. 125 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. prabhakar/- (S. B. Pd. Singh, J) U T