Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21866 of 2015 Arising Out of PS.Case No. -398 Year- 2014 Thana -BARH District- PATNA ======================================================

1. Bhola Mahto S/o Brij Mahto Resident of Village- Rahima , P.s Barh Dsitrict Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-07-2015 Heard the Counsel for the petitioner and Mr. Sanjay Kumar, APP for the State.

Sole petitioner herein apprehends his arrest in connection with Barh P.S. Case No. 398 of 2014 registered under Sections 341, 323 and 379/34 of the Indian Penal Code. As many as six accused persons, most of them inter se related, are said to have caused simple injury to the informant as also to his brother and committed theft of a sum of Rs. 3,000/-. Causing simple injury to the informant and/or to his brother is not attributed to the petitioner. Petitioner has clean antecedent. It has also been pointed out that the brother of the informant after having sustained injuries also filed a complaint in which other accused persons of the present case has been named but not the petitioner.

Patna High Court Cr.Misc. No.21866 of 2015 (2) dt.09-07-2015 2/2 Under the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in Barh P.S. Case No. 398 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T