Ram Kishun Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10955 of 2017 Arising Out of PS.Case No. -469 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ======================================================
1. Ram Kishun Mahto, S/o Late Buttan Mahto,
2. Bablu Mahto, S/o Ram Kishun Mahto,
3. Nunuma Mahto @ Nunma Mahto, S/o Ram Kishun Mahto, All resident of Village- Makhnaha, P.S.- K. Nagar (Shrinagar), District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioners as well as learned counsel representing the State.
The petitioners apprehend their arrest in connection with K. Nagar (Sri Nagar) P.S. Case No. 469/2016, registered for the offences punishable under Sections 307, 380, 384 and other Sections of the Indian Penal Code.
Learned counsel for the petitioners submits that though the petitioners are named in the FIR, but in the FIR 51 accused persons are named and 100 unknown accused persons are there. So far allegation of assault is concerned i.e. against other coaccused, there is no specific allegation against them. Nothing has been recovered from possession of the petitioners and as such they
Patna High Court Cr.Misc. No.10955 of 2017 (3) dt.12-04-2017 2/2 deserve sympathetic consideration, as similarly situated accused persons, namely, Indal Kumar, Rajesh Mahto, Ashok Mahto, Ranjana Devi and Sulekha Devi have already granted pre-arrest bail by another co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 16387/2017.
Learned A.P.P. fairly submits that nothing has been recovered from possession of the petitioners. In the facts and circumstances stated above, the petitioners, above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Nagar (Sri Nagar) P.S. Case No. 469/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rakhi U T