Ram Bihari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13910 of 2021 Arising Out of PS. Case No.-2 Year-2018 Thana- SAHODARA District- West Champaran ====================================================== RAM BIHARI MAHTO Son of Sohar Mahto Resident of Village - Ekwa, Police Station - Sahodra, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120(B), 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that the accused persons fired upon the father of the informant due to which he died..

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.13910 of 2021(2) dt.21-12-2021 2/2 present case. The main allegation of assault is alleged against co-accused Sheikh Shabbu who is alleged to have fired upon the deceased. So far petitioner is concerned, no allegation of assault is alleged against him. Other co-accused has been granted anticipatory bail vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the 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 twelve 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sahodra P.S. Case No. 02 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T