Patna High CourtCR. MISC./13767/2023bail granted

Yogendra Mahto v. The State Of Bihar

2023-06-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13767 of 2023 Arising Out of PS. Case No.-344 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

YOGENDRA MAHTO Son of Late Ramkhelawan Mahto Resident of Village- Sagi, P.S.- Khodawandpur, District- Begusarai 2.

VINOD KUMAR VERMA @ VINOD KUMAR MAHTO Son of Yogendra Mahto Resident of Village- Sagi, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 504 of the Indian Penal Code. As per the F.I.R., there is allegation against these petitioners that they along with other accused persons attacked the officers and police force with intention to kill them and obstructed them in discharging their duties.

Learned counsel for the petitioners submits that the allegation against the petitioners is general and omnibus in nature and there is no specific over-act alleged against these

Patna High Court CR. MISC. No.13767 of 2023(3) dt.23-06-2023 2/2 petitioners. Petitioners have already filed a Title Suit on 9.10.2022 bearing Title Suit No. 35 of 2022 for the same piece of land which is pending before the learned Sub-Judge, Manjhaul, the said title suit, notice was issued to C.O., Khodawanpur. Petitioners have got clean antecedent. Learned counsel for the State vehemently opposed the prayer for pre-arrest bail.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 S.D.J.M., Manjhaul, Begusarai in connection with Khodawanpur P.S. Case No. 344 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T