Mukesh Mahto And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34693 of 2015 Arising Out of PS.Case No. -560 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Mukesh Mahto Son of Jilon Mahto
2. Navin Mahto Son of Sone Lal Mahto
3. Mukesh Mahto @ Mukesh Kumar Son of Pathal Mahto
4. Ashok Sah Son of Late Ramashray Sah
5. Kamal Miyan @ Kamal Son of Miyan Jan Miyan
6. Nandu Sah son of Rajendra Sah
7. Rudal Rai @ Rudal Sah Son of Tulsi Rai All 1 to 7 are residents of Village Banghara, P.S. Dalsinghsarai (Ghataho), District - Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 332, 341, 353, 379, 427, 448 of the Indian Penal Code.
It is alleged that in protest against the arrest of Shankar Sah in connection with Dalsingsarai Ghataho P.S. Case No. 548 of 2014 the mob entered into the premises of the police station, damaged the chairs, electricity, wire, bulb and other articles and snatched money from the possession of home guard.
Patna High Court Cr.Misc. No.34693 of 2015 (2) dt.18-08-2015 2/2 It is submitted by learned counsel for the petitioners that it is alleged against Banarasi Devi being PACS Chairman to have led the mob and since petitioners except petitioner No. 7 happens to be in relation of Banarasi Devi, the present accusation has been levelled against them. Moreover the accusation is omnibus and general against the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsinghsarai, Samastipur in connection with Dalsinghsarai(Ghataho) P.S. Case No. 560 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T