Shivnandan Mahto @ Shivnandan Kumar ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18196 of 2019 Arising Out of PS. Case No.-312 Year-2018 Thana- BATHNAHA District- Sitamarhi ======================================================

1. Shivnandan Mahto @ Shiv Nandan Kumar

2. Binod Mahto

3. Sarita Kumari @ Sarita Devi

4. Kishore Mahto

5. Raju Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar. Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Bathanaha P.S. Case No. 312 of 2018, registered for offences punishable under Sections 341, 323, 354, 379, 427, 353 and 34 of the Indian Penal Code..

As per F.I.R., allegation against the petitioners is that while the informant, who is working as Anganbari Sevika, was returning from his office, the accused persons along with others snatched Register, cash, mobile etc. from the informant and also abused and assaulted her and thereafter, they fled away. Submission of the learned counsel for the petitioners is that they have falsely been implicated in the present case and

Patna High Court CR. MISC. No.18196 of 2019(2) dt.04-04-2019 2/2 the present case is a counterblast of the case, filed by the petitioner No. 3 from which it is evident that petitioner No. 3 having higher marks even then the petitioner No. 3 has not been selected and taken Rs. 2, 50,000/- cash from the petitioners and when he demanded the money, the present case has been lodged and the petitioners have no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Bathanaha P.S.Case No. 312 of 2018, to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T