Batan Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14665 of 2016 Arising Out of PS.Case No. -104 Year- 2013 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Batan Mahto S/o Ram Nath Mahto

2. Ashok Rai S/o Ramji Rai

3. Bikas kumar@Vikash Kumar S/o Dharamnath Baitha All Resident of Village- Pojhiya, PS Lalganj, district Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sinha For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Lalganj P.S. case No. 104 of 2013, disclosing offences under Sections 147,341,323,427 & 353 of the Indian Penal Code. The petitioners are said to have caused obstruction in due discharge of official duties of the Station House Officer of Lalganj Police Station. Allegedly, he had gone to the place of occurrence upon receiving an information regarding death of a boy in a road accident. The local people were making protest. The FIR named accused persons including the present petitioners and several unknown persons are said to have damaged the police vehicle and indulged in brick-batting Learned counsel for the petitioners has submitted that the

allegations are general and omnibus. There is no criminal antecedent against the petitioners as stated in paragraph 3 of the application. There is no likelihood of their fleeing away from the course of investigation or trial, learned counsel for the petitioners submits. Considering the above, this application is allowed. Let the petitioners above-named, in the event of their arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Smt. Niharika, learned J.M. Ist Class, Vaishaili at Hajipur in connection with Lalganj P.S. Case No. 104 of 2013 corresponding to Gr No. 2574 of 2013, Tr. No. 6593/2113, subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present themselves before the police/Court, as the case may be, as and when required and the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U