Rajesh Kumar @ Rajesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13455 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- BIHRA District- Saharsa ====================================================== 1.
RAJESH KUMAR @ RAJESH MAHTO Son of Late Ramnarayan Mahto Resident of Village - Patori, P.S.- Bihra and District - Saharsa 2.
Deepak Kumar Mahto @ Deepak Mahto Son of Shambhu Mahto Resident of Village - Patori, P.S.- Bihra and District - Saharsa 3.
Sukan Mahto Son of Late Puran Mahto Resident of Village - Patori, P.S.- Bihra and District - Saharsa 4.
Kranti Singh @ Pravin Kumar Singh Son of Naresh Singh @ Naresh Prasad Singh Resident of Village - Patori, P.S.- Bihra and District - Saharsa ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Verma For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 353, 332, 431, 504 of the Indian Penal Code.
The prosecution case, in short, is that the accused
Patna High Court CR. MISC. No.13455 of 2020(2) dt.24-06-2020 2/3 persons created an unlawful assembly and assaulted on the police personnel due to which several police personnel got injured.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No allegation of assault is alleged against the petitioners. At best, the petitioners are said to be members of unlawful assembly.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 153/19, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with
Patna High Court CR. MISC. No.13455 of 2020(2) dt.24-06-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T