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2025 DAILYLAW 86572 (PAT)

Mantun Mistri v. The State of Bihar

CR. MISC./87353/2024 · 2025-01-31

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87353 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== 1. Mantun Mistri S/O Ramdeo Mistri Resident of village- chodhil, ward no - 03, P.S- Beldaur, District- khagaria. 2. Binod Mistri S/O Ramdeo Mistri Resident of village- chodhil, ward no - 03, P.S- Beldaur, District- khagaria. 3. Suman Mistri S/O Binod Mistri Resident of village- chodhil, ward no - 03, P.S- Beldaur, District- khagaria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Ram Sumiran Rai, Advocate For the State : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 31-01-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 448, 323, 307, 337, 354, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act and subsequently Section 302 of the Indian Penal Code was added. 3. The case of prosecution, in brief, is that on the alleged date and time of occurrence, while the informant went to the Registry Office at Gogri for transfer of name of his deceased grandfather in the property from his father to his brother and himself, in the meantime, all the accused persons named in the Patna High Court CR. MISC. No.87353 of 2024(2) dt.31-01-2025 2/3 F.I.R., including these petitioners, came there and started abusing and assaulting informant and others. It is further alleged that after the incident that happened in Gogri Registry Office, when the informant and his brother came to their house, all the accused persons, armed with lathi, iron rod and other deadly weapons, entered the house of informant and assaulted informant and his family members due to which they sustained injuries. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, both parties are Gotiyas and due to admitted land dispute between them, this false and concocted case has been lodged. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Bhusan Mistri. So far as these petitioners are concerned, there are general and omnibus accusation against them. There is case and counter-case between the parties. 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, Patna High Court CR. MISC. No.87353 of 2024(2) dt.31-01-2025 3/3 nature of accusation, case and counter-case between the parties 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 C.J.M., Khagaria in connection with Beldaur P.S. Case No. 209 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. shashank/- (Prabhat Kumar Singh, J) U T