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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65130 of 2024 Arising Out of PS. Case No.-641 Year-2017 Thana- SAMASTIPUR MUFFASIL District- Samastipur ======================================================
1. Ganeshi Mahto S/o Late Anand Mahto Resident of Village- Bhiditol Laguniya Raghunath, PS- Samastipur Muffasil, District- Samastipur
2. Krishna Kumar @ Nanki S/o Baijnath Mahto Resident of Village- Bhiditol Laguniya Raghunath, PS- Samastipur Muffasil, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Bijay Bhushan Prasad, Advocate For the State : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 09-01-2025 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 307, 323, 324, 341, 379, 504 and 506 of the Indian Penal Code. 3. As per prosecution case, on 28.10.2017 at about 5:30 PM while the informant was at his Dalan these petitioners, along with other accused persons named in the F.I.R. and 2 to 3 unknown persons, came there armed with deadly weapons and thereafter, it is alleged that these petitioners assaulted brother of informant with farsa. 4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.65130 of 2024(4) dt.09-01-2025 2/3 behalf of the petitioners that both parties are agnates and next door neighbors and there is admitted land dispute between the parties. As a matter of fact, genesis of the occurrence is land dispute for which a simple maar-peet took place. Doctor has found the injuries allegedly caused by these petitioners to be simple in nature. Rest of the allegations are superaddition to make the case grievous. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight 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 Additional Chief Judicial Magistrate-V, Samastipur, in connection with Samastipur (Muffasil) P.S. Case No. 641 of 2017, subject to condition as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.65130 of 2024(4) dt.09-01-2025 3/3 Criminal Procedure. shashank/- (Prabhat Kumar Singh, J) U T