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Patna High CourtCR. MISC./16199/2022allowed

Tileshwar Mahto v. The State Of Bihar

2022-11-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16199 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== 1.

TILESHWAR MAHTO S/o Late Prakash Mahto Resident of VillageDadhua, P.S.- Patepur, District- Vaishali. 2.

Meena Devi W/o Tileshwar Mahto Resident of Village- Dadhua, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20985 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== 1.

VINAY KUMAR @ VINAY MAHTO S/o Muneshwar Mahto Resident of Village - Dadhua, P.S.- Patepur, District - Vaishali. 2.

Baleshwar Mahto S/o Innar Mahto Resident of Village - Dadhua, P.S.- Patepur, District - Vaishali.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 16199 of 2022) For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr. Ajay Kumar Jha (In CRIMINAL MISCELLANEOUS No. 20985 of 2022) For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of

Patna High Court CR. MISC. No.16199 of 2022(2) dt.15-11-2022 2/3 non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 325, 307, 333, 188 and 353 of the Indian Penal Code.

Petitioners along with others co-accused are said to have attacked on the police by means of lathi, danda, stones and bricks and created law & order problem.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the name of the petitioners in Cr. Misc. No. 16199 of 2022 is transpires at serial no.7 & 15 of the accused list respectively and Cr. Misc No.20985 of 2022 transpires at serial no.4 & 22 of the accused list respectively. He submits that there is general and omnibus allegation against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is general and omnibus allegations against the petitioners, let the above named petitioners in the event of

Patna High Court CR. MISC. No.16199 of 2022(2) dt.15-11-2022 3/3 their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patepur P.S. Case No. 193 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T