ADHIK LAL MAHTO @ ADHIK LAL v. The State of Bihar BIHAR
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 337, 341, 380, 427, 448, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 22. Manoj Mahto S/o Arjun Mahto R/o Village- Bela, Navtoli, P.S.- Babubarhi, Distt- Madhubani. The State of Bihar Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 58381 of 2022) : For the Petitioner/s For the Opposite Party/s…
Judgment
Arising Out of PS. Case No.-231 Year-2018 Thana- BABUBARHI District- Madhubani ======================================================
HARERAM MAHTO S/o Arjun Mahto R/o Village- Bela, Navtoli, P.S.- Babubarhi, Distt- Madhubani.
Manoj Mahto S/o Arjun Mahto R/o Village- Bela, Navtoli, P.S.- Babubarhi, Distt- Madhubani. The State of Bihar Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 58381 of 2022) : For the Petitioner/s For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 69019 of 2022) For the Petitioner/s : For the Opposite Party/s : Mr.Shailendra Kumar Jha Mr.Ram Bilash Roy Raman Mr.Sanjay Kumar Jha Mr.Rabindra Kumar Patna High Court CR. MISC. No.58381 of 2022(2) dt.22-12-2022 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 22-12-2022 Heard both sides. The petitioners apprehend their arrest in connection with Babubarhi P.S. Case No.231 of 2018, registered for the offences punishable under Sections 341, 323, 337, 448, 427, 380, 504 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties on account of admitted land dispute. It is submitted that there is general and omnibus allegation against the petitioners. The specific allegation is against petitioner no.3 of Cr. Misc. No.58381 of 2022, Jogi Mahto, who assaulted the son of the informant by means of khanti and the injury sustained by the son of the informant is grievous in nature. Taking into consideration the facts aforesaid, I am not inclined to enlarge petitioner no.3 of Cr. Misc. No.58381 of 2022, namely, Jogi Mahto on anticipatory bail. Accordingly, the prayer for anticipatory bail of petitioner no.3 of Cr.
Misc. No.58381 of 2022 is rejected. Patna High Court CR. MISC. No.58381 of 2022(2) dt.22-12-2022 So far as other petitioners are concerned, considering the fact that there is general and omnibus allegation against them, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Babubarhi P.S. Case No.231 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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