Ganga Sagar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23426 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

GANGA SAGAR MAHTO Son of Late Dhauli Mahto Resident of VillageNurullahpur, P.S.- Khodawandpur, District- Begusarai 2.

Raja Kumar @ Raja Babu Son of Ganga Sagar Mahto Resident of VillageNurullahpur, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Khodawantpur Police Station Case No. 143 of 2018, disclosing offences under Sections 448/341/323/307/379/354B/ 506/34 of the Indian Penal Code.

Learned Counsel for the petitioners appears to be correct in his submission that the injuries have been found to be simple in nature and the parties are on inimical terms, because of which exaggerated version of the occurrence has been mentioned in the First Information Report.

However, considering the fact that petitioner no. 1,

Patna High Court CR. MISC. No.23426 of 2019(2) dt.11-04-2019 2/3 Ganga Sagar Mahto, has criminal antecedent, as disclosed in paragraph 3 of the application, his prayer for grant of anticipatory bail is rejected.

The petitioner no. 1, Ganga Sagar Mahto, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

This application, so far as petitioner no. 2 is concerned, is allowed.

Let the petitioner no. 2, Raja Kumar @ Raja Babu, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawantpur Police Station Case No. 143 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.23426 of 2019(2) dt.11-04-2019 3/3 present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √