Jainandan Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55320 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -KARJA District- MUZAFFARPUR ====================================================== 1.Jainandan Mahto, S/o Bindeshwar Mahto, R/o Village - Chaturpatti, P.S. - Paroo, District - Muzaffarpur.

2. Purushottam Kumar, S/o Kaushal Kishore Bhagat, R/o Village - Rampur Kesho @ Malahi, P.S. - Saraiya, District - Muzaffarpur.

3. Shiv Kumar Bhakt, S/o Ram Sagar Bhakt, R/o Village - Mirjapur, P.S. - Paroo, District - Muzaffarpur.

4. Shailesh Kumar, S/o Rudal Mahto, R/o Village - Jaitpur, P.S. - Saraiya, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Ms. Nirmala Kumari(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Karja P.S. Case No.73 of 2015 for allegedly having committed the offences under Sections 406, 420, 504, 506 and 511 of the Indian Penal Code.

Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioners submits that as per the F.I.R., the sole allegation is against one Mahesh Kumar and not against these petitioners. However, during the course of investigation, the only thing which has surfaced against these

Patna High Court Cr.Misc. No.55320 of 2015 (3) dt.03-05-2016 2/2 petitioners is that they were also Agents in the office of Real Sunshine Corporation Limited.

Learned counsel appearing on behalf of the State submits that it has come on record that the petitioners were also Agents of said Real Sunshine Corporation Limited. However, after perusal of the F.I.R. and other materials which have come in the case diary it appears that the sole grievance of the informant is against Mahesh Kumar and not against these petitioners. In view of the aforementioned facts and circumstances and also because the petitioners have got no criminal antecedents, let all the four petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of `10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh, learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Karja P.S. Case No.73 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T