Naresh Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28190 of 2018 Arising Out of PS.Case No. -46 Year- 2017 Thana -EKCHARI District- BHAGALPUR ======================================================
1. Naresh Mahto son of Late Sita Ram Mahto
2. Nandlal Mahto son of Late Sita Ram Mahto
3. Kulo Mahto son of Naresh Mahto null
4. Tuno Mahto @ Tuntun Mahto son of Naresh Mahto
5. Diwakar Mahto son of Nandlal Mahto
6. Rohit Mahto son of Late Suresh Mahto
7. Mangal Mahto son of Late Suresh Mahto
8. Tairu Mahto son of Late Suresh Mahto
9. Awadha Mahto son of Late Raju Mahto
10. Pramod Mahto son of Late Raju Mahto. All are Resident of VillageAnthawan Diyara, P.S. Ekchari, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Ekchari P.S.Case no.46 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 354, 504 and 506 of the Indian Penal Code. Specific allegation against the petitioner no.1 is of assault by sword and other petitioners are also named and there is allegation of assault against them also.
Submission of the learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.28190 of 2018 (2) dt.17-05-2018 2/3 except petitioner no.1 no specific allegation has been attributed against any of the petitioners and they have been falsely implicated in this case.
Heard learned A.P.P. also.
Having heard both sides. So far petitioner no.1 (Nareh Mahto) is concerned, I am not inclined to grant privilege of the anticipatory bail rather let the petitioner no.1 surrender before the learned court below within a period of four weeks from the date of receipt of the order, which will be considered by the learned court below on its own merit.
So far other petitioner no.2 Nandlal Mahto, 3. Kulo Mahto,
4. Tuno Mahto alias Tuntun Mahto, 5. Diwakar Mahto, 6. rohit Mahto,7 Mangal Mahto, 8. Tairu Mahto, 9. Awadh Mahto and 10 Pramod Mahto are concerned in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Bhagalpur in connection with Ekchari P.S.Case No.46 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.28190 of 2018 (2) dt.17-05-2018 3/3 With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T