Rajkumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20769 of 2019 Arising Out of PS. Case No.-1176 Year-2018 Thana- SONEPUR District- Saran ====================================================== 1.

Rajkumar Mahto, S/o Late Shiv Bilash Mahto Resident of VillageShikarpur (Khaira Deeh), P.S.- Sonpur, District- Saran. 2.

Mukesh Mahto, Son of Raj Kumar Mahto Resident of Village- Shikarpur (Khaira Deeh), P.S.- Sonpur, District- Saran. 3.

Dasai Mahto, S/o Raj Kumar Mahto Resident of Village- Shikarpur (Khaira Deeh), P.S.- Sonpur, District- Saran.

4.

Heeralal Mahto, S/o Raj Kumar Mahto Resident of Village- Shikarpur (Khaira Deeh), P.S.- Sonpur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Sonpur P.S. Case No. 1176 of 2018 registered for the offences punishable under Sections 147,148,149,341,323,324,307,332,333,427,504 of the Indian Penal Code and Section 3⁄4 Damage of Public Property Act. The informant has alleged that while he had gone into the village to discharge his duties FIR named accused and other unnamed accused started assaulting them and they also damaged

Patna High Court CR. MISC. No.20769 of 2019(2) dt.04-04-2019 2/3 the vehicle and tried to snatch the pistol of informant. It has been submitted on behalf of the petitioners that petitioners are innocent and were arrested due to high handedness of police. The nature of injuries sustained by informant and others are simple in nature. The petitioners have no criminal antecedent and are in custody since 05.02.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Saran at Chapra, in connection with Sonpur P.S. Case No. 1176 of 2018, subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.20769 of 2019(2) dt.04-04-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) khushbu/- U T