Patna High CourtCR. MISC./11882/2015rejected

Rameshwar Mahto And ORS v. The State Of Bihar

2015-03-27Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11882 of 2015 (2) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11882 of 2015 Arising Out of PS.Case No. -150 Year- 2014 Thana -JANKINAGAR District- PURNIA ======================================================

1. Rameshwar Mahto son of Late Madan Mahto

2. Rama Shankar @ Shankardeo Mahto Son of Late Madan Mahto

3. Ram Mahto Son of Late Keshwar Mahto

4. Jaikaran Mahto Son of Late Keshwar Mahto

5. Santa Mahto @ Santlal Mahto Son of Ram Mahto

6. Triloki Mahto Son of Late Kamleshwari Mahto

7. Azad Mahto Son of Shankardeo Mahto All are resident of Village Rampur Tilak Gangotri Tola, P.S. Jankinagar, District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.03.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

No doubt, after institution of the present case, petitioner no.3 filed complaint case against informant and others for the occurrence of the same day but admittedly, three persons sustained injuries in alleged occurrence and two persons are said to have sustained grievous injury.

The accusation against these petitioners is that they mercilessly assaulted the injured of this case. Therefore, taking nature of the accusation as well as materials available on record, I do not feel it proper to extend the

Patna High Court Cr.Misc. No.11882 of 2015 (2) dt.27-03-2015 privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Jankinagar P.S. Case no. 150/2014 pending in the court of Sri R.V. Kumar, Judicial Magistrate, Ist Class, Purnea/concerned court stands rejected. However, it is made clear that if the petitioners surrender within six weeks from today and seek regular bail, the concerned court shall consider regular bail application of the petitioners on its own merit, particularly, taking note of specific role played by the petitioners in the alleged occurrence.

shahid (Hemant Kumar Srivastava,J) U T