Patna High CourtCR. MISC./12594/2018bail granted

Ranjeet Mahto And ANR v. The State Of Bihar

2018-02-28Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12594 of 2018 Arising Out of PS.Case No. -144 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ======================================================

1. Ranjeet Mahto, son of late Etwari Mahto.

2. Kausalya Devi, w/o Ranjeet Mahto Both are resident of Village-Ghuthiyani, P.S.-Amdanda, Distt.- Bhagalpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sanokhar (Amdanda) P.S. Case No. 144 of 2017 registered under Sections 302 and 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that from perusal of the first information report itself it would be manifest that the son of the informant was pushed by Kishan Mahto son of the petitioners as a result of which he fell

Patna High Court Cr.Misc. No.12594 of 2018 (2) dt.28-02-2018 down and got drowned in the river Bhaina and despite efforts made by the local people, he could not be rescued. It is further submitted that so far as the petitioners are concerned only a vague allegation have been made that about a month ago they had threatened that they would see that his son is eliminated. Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. Regard being had to the fact that no specific overt act has been alleged in the FIR against the petitioners by the informant who claims himself to be an eye witness of the occurrence, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 144 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.)