Shambhu Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4383 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR ======================================================
1. Shambhu Mahto Son of Kapal Mahto alias Kapleshwar Mahto
2. Shankar Mahto son of Kapal Mahto alias Kapleshwar Mahto Both Resident of village Muktapur, P.S. Warisnagar, DistrictSamastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 325 of the Indian Penal Code.
The prosecution case is that the informant being a Auto-rickshaw driver was going with patient to hospital, when reached near Muktapur Railway Station, some persons pressurized him to carry patient at Sadar Hospital, Samstipur, when he refused, then he was being assaulted by the accused persons.
It is submitted by the learned counsel for the petitioners that accusation is against mob. There is counter
Patna High Court Cr.Misc. No.4383 of 2016 (2) dt.01-02-2016 version of the occurrence also. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. The impugned order suggests that in spite of repeated reminder the injury report was not transmitted to the Court. The informant has retracted from the initial version and filed a petition to that effect before learned court below. Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sushri Ranjula Bharti, J.M., Ist Class, Samastipur in connection with Warisnagar (Mathurapur O.P.) P.S. Case No. 111 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T