Sahdeo Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15164 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Sahdeo Mahto, aged about 30 years (Male).

2.

Mahadeo Mahto, aged about 26 years (Male).

Both are Son of Masadi Mahto.

3.

Siyaram Mahto, aged about 34 years (Male), Son of Late Arjun Mahto. All are resident of Village - Hardiya, P.S.- Turkaulia (Raghunathpur), District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kuar, Adv.

For the Informant :

Mr. Dhurendra Kumar, Adv.

For the State :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-03-2019 A supplementary affidavit has been filed during the course of argument. Let it be taken on record. Heard the learned counsel for the petitioners, informant and the State.

The petitioners seek bail in anticipation of their arrest in connection with Turkauliya P.S. Case No. 56 of

Patna High Court CR. MISC. No.15164 of 2019(3) dt.27-03-2019 2/3 2018, dated 31.01.2018, instituted for the offences under Sections 147, 341, 323, 324, 307, 379, 447, 448 and 506 of the Indian Penal Code.

The petitioner Nos. 1 and 2 are alleged to have pointed lethal weapons towards the informant at the time of making attempts of taking away one Abhishek Kumar from the captivity of the informant. The informant is also alleged to have been given a knife blow, but the author of such injury is one Bhramdeo and not the petitioners. So far as petitioner No. 3 is concerned, he is said to have divested the informant of his personal belongings. Prior to the lodging of the present case, the full brother of petitioner No. 1 had filed a case against the informant of the present case and others. Though a statement has been made in paragraph 3 of the bail application that the petitioners have clean antecedents, but by way of supplementary affidavit, the petitioners have brought to the notice of this Court that such statement was made inadvertently. In fact, in the year 2012, one of the family members of the informant of the subject F.I.R. only had lodged a case against the petitioners

Patna High Court CR. MISC. No.15164 of 2019(3) dt.27-03-2019 3/3 about which reference has been given in the supplementary affidavit.

Considering the nature of accusation, past enmity and the counter version of the occurrence, the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 56 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T