Sanjay Mahto @ Sanjay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23645 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== Sanjay Mahto @ Sanjay Kumar Mahto S/O Shambhu Mahto R/O VillagePatarghat, P.S.-SOUR Bazar, District-Saharsha. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sour Bazar (Patarghat) P.S. Case no. 121 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 327, 379, 307, 427,337, 338, 333, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, petitioner is a member of unlawful assembly and he along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty in the festival of Holi.

Patna High Court CR. MISC. No.23645 of 2021(2) dt.07-01-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. General and omnibus allegations have been levelled against the petitioner. Similarly situated co-accused persons have already been granted bail by different co-ordinate Bench of this Court. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sour Bazar (Patarghat) P.S. Case no. 121 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsha subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U