IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71860 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== 1. Raj Kumari Devi W/o Hira Mahato R/o vill - Belwa Mauje, P.S. - Turkauliya, Distt.- East Champaran 2. Kanhaiya Mahato S/o Late Saryug Mahato R/o vill - Belwa Mauje, P.S. - Turkauliya, Distt.- East Champaran 3. Sanjay Mahato S/o Late saryug Mahato R/o vill - Belwa Mauje, P.S. - Turkauliya, Distt.- East Champaran 4. Manoj Kumar S/o Kanhaiya Mahto R/o vill - Belwa Mauje, P.S. - Turkauliya, Distt.- East Champaran 5. Bhola Mahato S/o Baidhnath mahato R/o vill - Belwa Mauje, P.S. - Turkauliya, Distt.- East Champaran 6. Jataha@ Jataha Mahto @ Manja Mahato @ Manjay Mahato S/o Late Laxman Mahato R/o vill - Belwa Mauje, P.S. - Turkauliya, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 22-01-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Turkauliya P.S. Case No. 166 of 2024, registered for the offences punishable under Sections 341, 323, 504, 324, 307, 379, 34 and 354(B) of the Indian Penal Code. 3. Allegedly on the fateful day all the accused Patna High Court CR. MISC. No.71860 of 2024(3) dt.22-01-2025 2/4 petitioners in inebriated condition armed with various weapons barged into the house of the informant and started abusing the informant, his mother and all the family members. It is further alleged that on protest being made, petitioner no. 2, Kanhaiya Mahato, gave a farsha blow on the head of the informant, causing serious injury. There is further allegation against all the petitioners of causing lathi and iron rod blow causing injury to others. Apart from the aforesaid allegation, there is further allegation of snatching valuables and misbehaving with lady family members. 4. Learned Advocate appearing on behalf of the petitioners contended that so far the allegation against Kanhaiya Mahato is concerned, the same does not corroborate with the injury report, inasmuch as, one simple injury has been found caused by hard and blunt substance. So far other petitioners are concerned, there is omnibus nature of allegation. In fact, just after the occurrence, the mother of the informant died due to natural death, but taking advantage of this, the present FIR has been instituted. Moreover, during the course of post-mortem, not a single abrasion and injury has been found over the body of the deceased and, as such, the viscera has been sent to the forensic science laboratory to ascertain the cause of death. Patna High Court CR. MISC. No.71860 of 2024(3) dt.22-01-2025 3/4 Learned Advocate for the petitioners contended that in fact the parties are next door neighbours and on account of some trifle, they entered into a free fight and later on realizing their mistake, they have also compromised the matter. The petitioners are persons of fair antecedent and they undertake before this Court that they will fully cooperate in the proceeding. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime wherein the informant has sustained serious injury and his mother was done to death. 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation against all the petitioners except petitioner no. 2, who has attributed a simple injury over the head of the informant, coupled with the post-mortem report which clearly disclose that the cause of death could not be ascertained and the petitioners being persons of fair antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two Patna High Court CR. MISC. MISC. No.71860 of 2024(3) dt.22-01-2025 4/4 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 6th Motihari, East Champaran in connection with Turkauliya P.S. Case No. 166 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners. supratim/- (Harish Kumar, J) U T