Gopal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3952 of 2019 Arising Out of PS. Case No.-17 Year-2017 Thana- KHODAWANDPUR District- Begusarai ====================================================== Gopal Mahto, S/o Bihari Mahto @ Ram Bihari Mahto Resident of Village - Nandiban, P.S. Khodabandpur, District-Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 342, 353, 323, 379, 511, 504, 307 of the Indian Penal Code.

The prosecution case, in brief, is that on receipt of the information about confinement of the headmaster of the school by the students, the police reached there. Thereafter, the accused persons started pelting bricks and wood logs and also tried to snatch fire-arms.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case.

Patna High Court Cr.Misc. No.3952 of 2019(2) dt.29-01-2019 2/2 Altogether 12 persons are named in the FIR along with 150 unknown persons. The children of the school were protesting against the headmaster of the school. General and omnibus allegation has been made against the petitioner. No specific overt act has been alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 17 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T