Dev Kumar Mangraita @ Dev Kumar Magardaita v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 10511 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== 1.
DEV KUMAR MANGRAITA @ DEV KUMAR MAGARDAITA, Male, aged about 40 years, S/o Guli Magraita @ Guli Magardaita. 2.
Vikash Kumar Mangraita @ Vikash Kumar Magardaita, Male, aged about 22 years, S/o Dev Kumar Magraita @ Dev Kumar Magardaita. 3.
Ram Kumar Mangraita @ Ram Kumar Magardaita, Male, aged about 43 years, S/o Guli Magraita @ Guli Magardaita.
All resident of Village- Belhi Bhawanipur, P.S.- Laukahi, DisttMadhubani. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Laukahi P.S. Case No.126 of 2019, registered for the offence under Sections 143, 341, 323, 324, 379, 307, 427, 447 and 504 of the Indian Penal Code. Allegation has been made against the petitioners to have assaulted the informant by different weapons. Specific allegation has been made that petitioner no.1 to have assaulted the informant with lath, petitioner no.2 has assaulted with farsa. The allegation against the petitioner no.3 is that he took the
Patna High Court CR. MISC. No. 10511 of 2020(2) dt.03-03-2020 2/3 informant in his house.
The injury report supports the prosecution case, inasmuch as, the criminal antecedent of petitioner nos. 1 and 2 has not been mentioned in this case although they have been implicated in other criminal cases. Hence, the bail of petitioner nos. 1 and 2 is rejected with a cost of Rs.5,000/- each to be deposited in the Patna High Court Legal Services Committee within one month from today. The petitioner nos. 1 and 2 shall deposit the said amount of Rs.5,000/- each in the Patna High Court Legal Services Committee and file the receipt of the same before the Registry of this Court. If the said amount will not be deposited, in such circumstances, the same will be recovered by the Collector of the District concerned as a land revenue. As there is no specific allegation has been made against petitioner no.
3, above named, save and except he has taken the informant to his house, let the petitioner no.3, above named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Jhanjharpur, District- Madhubani, in connection with Laukahi P.S. Case No.
Patna High Court CR. MISC. No. 10511 of 2020(2) dt.03-03-2020 3/3 126 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner no.3 for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) pawan/- U T