Raj Narain Mahato And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5258 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- District- Sitamarhi ======================================================

1. Raj Narain Mahato, aged about 60 years (M), S/o Dhanai Mahto

2. Rajesh Kumar, aged about 32 years (M), S/o Raj Narain Mahto.

3. Rajeshwar Kumar, aged about 28 years (M), S/o Raj Narain Mahto.

4. Subodh Kumar, aged about 24 years (M), S/o Raj Narain Mahto. All are Residents of Village-Bhoraha, P.S.Riga, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Jha For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2019 At the very outset submission of learned counsel for the petitioners is that petitioner no.3 has been arrested during pendency of this application, as such, he seeks permission to withdraw this application with respect to petitioner no.3. In view of the above submission, this application with respect to petitioner no.3 is dismissed as withdrawn. This is an application for grant of anticipatory bail in connection with Riga P.S. Case No. 253 of 2018, disclosing offences under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioners, who are four in number, of assault to the informant and snatching his mobile phone.

Patna High Court Cr.Misc. No.5258 of 2019(2) dt.30-01-2019 2/2 Submission of learned counsel for the petitioners is that prior to this the petitioners have lodged a case against the informant. Further there is specific allegation against the petitioners and they have no criminal antecedents. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that the informant has received fracture injury in his hand.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner nos.1, 2 and 4, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Riga P.S. Case No. 253 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T