Suraj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24754 of 2024 Arising Out of PS. Case No.-718 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

Suraj Mahto Son of Satya Narain Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran 2.

Mahesh Mahto @ Maheshwar Mahto Son of Tapsi Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran 3.

Anil Mahto Son of Suraj Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran 4.

Jiwan Mahto @ Jiwan Kumar Singh Son of Khaknu Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran 5.

Bhikhan Mahto @ Rakesh Mahto @ Bhikham Mahto Son of Khaknu Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran 6.

Chandrashekhar Mahto Son of Tapsi Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran 7.

Kundan Mahto @ Kashi Nath Mahto Son of Sheoji Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran 8.

Avinash Mahto @ Abhinash Kumar Son of Bhikham Mahto @ Bhikhan Mahto Resident of Village- Sabalpur Purani Chain Tola, P.O. and P.S. Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.24754 of 2024(2) dt.24-04-2024 2/3

3. It is alleged that petitioner No. 1 assaulted on the head of one Birbal Mahto by means of iron rod and thereafter all the accused persons including these petitioners are alleged to have assaulted his family members by means of lathi.

4. Learned counsel appearing for the petitioners submits that though there is specific allegation of assault against petitioner No. 1 but so far as rest of the petitioners are concerned, allegation of assault against them are general and omnibus. Except petitioner No. 6, rest of the petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the specific nature of allegation anticipatory bail with respect to petitioner No. 1, namely, Suraj Mahto, is rejected and the fact that allegation against petitioner Nos. 2 to 8 is general and omnibus, this anticipatory bail is allowed with respect to above named petitioner Nos. 2 to 8 and it is ordered that let the above named petitioner Nos. 2 to 8 in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief

Patna High Court CR. MISC. No.24754 of 2024(2) dt.24-04-2024 3/3 Judicial Magistrate, Saran in connection with Sonepur P. S. Case No. 718 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T