Rajesh Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16011 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Rajesh Mahto, Son of Sri Prabhu Mahto,
2. Gyanti Devi, Wife of Sri Prabhu Mahto,
3. Asha Devi, Wife of Sri Ramchandra Mahto,
4. Bullet Mahto, Son of Sri Ramchandra Mahto,
5. Rabindra Mahto, Son of Sri Ramchandra Mahto, All Resident of Village- Lohiyariya Dhangar Toli, P.S.- Chanpatia, DistrictWest Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Ajay Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Chanpatia P.S. Case No. 15 of 2017 instituted for the offence under Sections 147, 149, 323, 342, 307, 353, 337, 338, 447, 504 of the Indian Penal Code, Sections 30, 30-A, 37, 37-A and 45 of the Bihar Prohibition and Excise Act, 2016.
As per written report, these petitioners along with mob were trying to rescue two accused Prabhu Mahto and Jitendra Sah who have been caught by the police in drunken condition. There is general and omnibus allegation against these petitioners.
Patna High Court Cr.Misc. No.16011 of 2017 (2) dt.04-05-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chanpatia P.S. Case No. 15 of 2017, they shall 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, West Champaran at Bettiah, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T