Raman Jee Mahto @ Raman Mahto Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15167 of 2024

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Arising Out of PS. Case No.-199 Year-2023 Thana- SAHARSA SADAR District- Saharsa

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Raman Jee Mahto @ Raman Mahto Son of Late Kusho Mahto @ Kusheshwar Mahto Resident of Village- Kahra Ward no. 36, P.S. and District- Saharsa

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Pankaj Mahto @ Pankaj Rai Son of Shibji Mahto Resident of Village- Kahra Ward no. 36, P.S. and District- Saharsa

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Sakaldeo Mahto Son of Late Kusho Mahto @ Kusheshwar Mahto Resident of Village- Kahra Ward no. 36, P.S. and District- Saharsa

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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Appearance : For the Petitioner/s :Mr. Subesh Sharma, Advocate For the Opposite Party/s :Mr. Akshay Lal Pandit, Advocate

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 13-03-2024

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Heard Mr. Subesh Sharma, learned counsel appear-

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ing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

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The petitioners apprehend their arrest in connection with Saharsa Sadar(Thana) P.S. Case No. 199 of 2023, registered for the offences punishable under Sections 341, 323, 324, 308, 385, 379, 504 and 34 of the Indian Penal Code.

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The allegation against the petitioners is of causing assault to the informant and others apart from demand of ransom and snatching valuables.

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Learned counsel appearing on behalf of the peti-

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Patna High Court CR. MISC. No.15167 of 2024(2) dt.13-03-2024 2/3

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tioners submits that from the narratives made in the FIR, it is evident that the occurrence took place on 22.03.2023 but, the present FIR has been instituted after a delay of 3 days and, as such, the deliberation and false implication of the petitioners cannot be ruled out. It is further submitted that in fact the present case is nothing but, a counterblast to Saharsa Sadar P.S. Case no. 193 of 2023 instituted by the petitioner no. 2. Moreover, there is bona-fide land dispute, which has been ongoing between the parties giving rise to a proceeding under Section 147 of the Code of Criminal Procedure vide Miscellaneous Case No. 355 of 2022. He next submitted that in fact, there was a free fight between the persons of both the sides, resulting into injuries to few of the persons of both the sides however, all the injuries have been found to be simple in nature.

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On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that specific allegation of assault has been leveled against the petitioners.

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Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the FIR and the case and counter case, coupled with the fair antecedent of the petitioners as well as the simple nature of injuries, let the petitioners above named be released on bail, in the

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Patna High Court CR. MISC. No.15167 of 2024(2) dt.13-03-2024 3/3

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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 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate at Saharsa in connection with Saharsa Sadar (Thana) P.S. Case No. 199 of 2023, 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.

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(Harish Kumar, J)

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supratim/-

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U T

Raman Jee Mahto @ Raman Mahto v. The State of Bihar

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Raman Jee Mahto @ Raman Mahto v. The State of Bihar

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