Lalji Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.827 of 2019 Arising Out of PS. Case No.-468 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

LALJI MAHTO Son of Tulsi Mahto Resident of Village - Fakuli, P.S. - Chapra Muffasil, District - Saran.

2.

Kulwant Kamal Mahto @ Munna Mahto Son of Lalji Mahto Resident of Village - Fakuli, P.S. - Chapra Muffasil, District - Saran. 3.

Bablu Mahto Son of Lalji Mahto Resident of Village - Fakuli, P.S. - Chapra Muffasil, District - Saran.

... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 02-04-2019 The appellants seek pre arrest bail in connection with Chapra Muffasil P.S. Case No. 468 of 2019, registered for offences punishable under Sections 341, 323, 379, 354/34 of the Indian Penal Code and Section 3 (i)(r) 3(2)(1)(a) of SC/ST Act. Allegation against the appellants is of assaulting and abusing the informant by caste name and also of snatching the ornament from the ear of the wife of informant and of misbehaving with her.

It has been submitted on behalf of the appellants that out and out false and fabricated case has been levelled against the appellants and no such occurrence in the manner alleged by the informant has ever taken place and earlier, the driver of the

Patna High Court CR. APP (SJ) No.827 of 2019 dt.02-04-2019 2/2 appellants, namely, Sudhir Kumar Ram has lodged a case against the informant for assaulting him and when the appellants intervened, they have falsely been roped in the present case. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge -I-cum-Special Judge, SC/ST Act, Saran at Chapra, in connection with Chapra Muffasil P.S. Case No. 468 of 2019, subject to the conditions laid down under Section 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.

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