Patna High CourtCR. MISC./58390/2018bail rejected

Manoj Mahton And ANR v. The State Of Bihar

2018-09-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58390 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- JAMUI District- Jamui ======================================================

1. Manoj Mahton, Son of Tilak Mahto @ Triloki Mahto,

2. Pintu Kumar, Son of Tilak Mahto @ Triloki Mahto, Both are resident of Village- Bhalui, P.S.- Chandan, DistrictJamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Jamui (Aadarsh) P.S. Case No. 44 of 2018 registered for offences under sections 147, 148, 149, 341, 323, 307, 337 and 504 of the Indian Penal Code. An allegation has been made that the accused persons have entered into the house of the Informant and asked her to leave the land which she is cultivating, when she refused, she and her husband were assaulted mercilessly by the accused persons.

Learned counsel for the petitioners submits that there is a case and counter case and other sides have also received

Patna High Court Cr.Misc. No.58390 of 2018(2) dt.28-09-2018 2/2 injury.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners, above named, is rejected.

However, if the petitioners surrender before the court below within a period of four weeks from today and pray for bail, the court below, without being prejudiced by this order, will take a decision in accordance with law on the same day of their appearance/surrender.

(Shivaji Pandey, J) rishi/- U T