Bibhuti Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41974 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================

1. Bibhuti Mahto son of Late Golu Roy, resident of village- Fulaut (West), P.S. Chausa (O.P. Fulaut), District- Madhepura.

2. Munna Yadav son of Arjun Pd. Yadav

3. Subodh Yadav son of Yaddu Yadav Sl. Nos. 2 & 3 are resident of village- Fulaut (East), P.S.- Chausa, (O.P. Fulaut), District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat, Advocate : Mr. Sudhir Kumar Singh, Advocate : Mr. Mayank Bilochan, Advocate For the State : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Chausa (Fulaut) P.S. Case No. 109 of 2017 registered under sections 147, 148, 149, 323, 307, 380, 353, 427, 504 and 506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that during the pendency of the present application, the petitioner no.3 Subodh Yadav has already been arrested.

In that view of the matter, the present application under

Patna High Court Cr.Misc. No.41974 of 2017 (2) dt.03-10-2017 2/2 Section 438 of the Code of Criminal Procedure so far as Subodh Yadav is concerned, is dismissed as infructuous. Considering the fact that co-accused Mithilesh Yadav @ Mithilesh Kumar Yadav, who is also named in the first information report along with the petitioners, has already been granted bail by a Bench of this Court vide order dated 10.07.2017 passed in Cr. Misc. No.30763 of 2017, the petitioners, namely, Bibhuti Mahto and Munna Yadav are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj, Madhepura in connection with Chausa (Flaut) P.S. Case No.109 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T