Ravindra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37999 of 2017 Arising Out of P.S.Case No. -80 Year- 2017 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Ravindra Mahto son of Ram Prasad Mahto, Resident of Village- Jorarpur, P.S. Deepnagar, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Chandra, Advocate For the Opposite Party : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-08-2017 Heard.

2. The petitioner apprehend arrest in connection with Deepnagar P.S.Case No.80 of 2017 registered for an offence under Sections 147, 148, 149, 341, 323, 337, 338, 332, 333, 307 and 353 of the IPC and Section 27 of the Arms Act.

3. As per written report, on the date of occurrence, the petitioner and other named accused along with 100-150 persons started firing and pelting stones upon the police party due to which some police personnel sustained injury.

4. The learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioner. He further submits that injury allegedly sustained by informant was simple in nature and other co-accused has been allowed anticipatory bail in Cr.Misc.No.26612 of 2017.

5. From the written report itself, it appears that there is

Patna High Court Cr.Misc. No.37999 of 2017 (2) dt.11-08-2017 2/2 no specific allegation of overt-act against the petitioner.

6. Learned APP opposed the submissions.

7. Considering the nature of allegation prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender within six weeks before the court below, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manvendra Mishra, Judicial Magistrate, Ist Class, Nalanda at Biharsharif in connection with Deepnagar P.S.Case No.80 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be the local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Kumar, J) B.Kr.