Akhilesh Mahto And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36671 of 2014 Arising Out of PS.Case No. -33 Year- 2013 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Akhilesh Mahto Son of Moti Mahto
2. Moti Mahto Son of Late Shankar Mahto
3. Tuntun Thakur Son of Late Basdeo Thakur
4. Saheb Gond Son of Vishwanath Gond All resident of village- Vanshpur Pipra, P.S.- Sahodara, District- West Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-I (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-02-2015 Heard Mr. Verma learned counsel for the petitioners and Mr. Dayal APP for the State.
The petitioners, apprehending their arrest in connection with Sahodara P.S. case no. 33 of 2013 instituted under Section 307/34 of the Indian Penal Code, have filed the present application seeking anticipatory bail..
As per allegation the grand son of the informant was assaulted by three of the accused persons cited in the First Information Report while the petitioners was seen sitting about 50 ft. therefrom and on seeing the neighbour of the informant they fled away.
Patna High Court Cr.Misc. No.36671 of 2014 (2) dt.20-02-2015 2/3 The contention of the petitioners is that even going by the First Information Report there is no overt act assigned to the petitioners. They were found sitting at quite some distance from the place of occurrence where the grand son of the informant was inflicted injuries. The petitioners have no criminal antecedent. In view of the above, let the petitioners, named above, in the event of their arrest/surrender within four weeks from today before the Court below, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000 ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Sahodara P.S. Case No. 33 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with following conditions:- (i) One of the bailors shall be the own/close family member of the petitioners.
(ii) As soon as the charges are framed the petitioners shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive
Patna High Court Cr.Misc. No.36671 of 2014 (2) dt.20-02-2015 3/3 dates, trial Court shall have liberty to cancel their bail bonds and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T