Akhilesh Mahato And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1814 of 2019 Arising Out of PS. Case No.-520 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Akhilesh Mahato aged about 26 years (male), son of Kusheshwar Mahato.

2. Rupesh Mahto @ Rupesh Kumar Mahto, aged about 18 years (male), son of Kusheshwar Mahato.

3. Kusheshwar Mahato, aged about 51 years (male), son of late Jagdish Mahato @ late Tahdish Mahato.

4. Babli Devi aged about 19 years (female), wife of Nandu Mahato.

5. Vibha Devi, aged about 23 years (female), wife of Akhilesh Mahato.

6. Anita Devi, aged about 39 years (female), wife of Om Prakash Mahato.

All resident of Village Laguniya Raghukanth, P.S. Samastipur Mufassil, Dist. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Samastipur Muffasil P.S. Case No. 520 of 2018 registered for offences under sections 307, 323, 325/34, 341, 379, 427 and 448 of the Indian Penal Code.

In the present case, an allegation has been made that altogether ten persons have gone to the house of the Informant and assaulted mercilessly.

Learned counsel for the petitioners submits that before

Patna High Court Cr.Misc. No.1814 of 2019(2) dt.15-01-2019 2/2 lodging of the present case, already the case is pending against them. He has further stated that there is no direct allegation against the petitioners rather the allegation has been made against Manoj Kumar Chaudhary and Rajeshwar Prasad Chaudhary and falsely the female members have also been made accused in the present case who are petitioner nos. 4, 5 & 6 respectively.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 Additional Chief Judicial Magistrate, 5th, Samastipur in connection with Samastipur Muffasil P.S. Case No. 520 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T