Tunna Mahto @ Tunna Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16154 of 2018 Arising Out of PS.Case No. -12 Year- 2010 Thana -MUFFASIL District- WEST CHAMPARAN (BETTIAH) =====================================

1. Tunna Mahto @ Tunna Singh, S/o Mohan Mahto,

2. Bulai Mahto @ Bhulai Mahto, S/o Ganesh Mahto, Both residents of Village-Sahbajwa Ratan Mala, Police Station-Majhaulia, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kr. Shrivastva, Adv. For the State : Mr. Lalan Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Bettiah (Mofasil) P.S. Case No. 12 of 2010, dated 20.01.2010, instituted for the offences punishable under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

Six accused persons were named in the First Information Report. In the first instance, the police, after investigation submitted charge-sheet against seven of the accused persons who were put on trial, but they were

Patna High Court Cr.Misc. No.16154 of 2018 (2) dt.10-04-2018 2/2 acquitted by the Court below.

However, in the supplementary investigation report, two persons, viz. Ram Chandra Hazara and Jang Bahar Mahto @ Jangha Mahto named the petitioners in their confession before the police. On the basis of the aforesaid confession made in the supplementary investigation, non-bailable warrant of arrest has been issued against the petitioners.

Regard being had to the aforesaid fact, viz. the non-bailable warrant of arrest having been issued against the petitioners after seven years of the occurrence when some of the accused persons have already been acquitted, this Court is inclined to enlarge the petitioners on anticipatory bail. Let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Mufasil) P.S. Case No. 12 of 2010.

(Ashutosh Kumar, J) Praveen-II/- U T