Patna High CourtCR. MISC./37928/2017rejected

Indrajeet Mahto And ORS v. The State Of Bihar

2017-08-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37928 of 2017 Arising Out of PS.Case No. -99 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Indrajeet Mahto S/o Late Bhuwali Mahto

2. Bhagwat Mahto @ Bhagat Mahto S/o Late Sheodhari Mahto

3. Tarkeshwar Mahto S/o Late Bhuwali Mahto

4. Mohanlal Mahto @ Mohan Lal Mahto S/o Bhagwat Mahto @ Bhagat Mahto

5. Lalbabu Mahto @ Lalbabu Prasad S/o Janardan Prasad @ Janardan Mahto all residents of village - Sohariya, P.S. - Paharpur, District - East Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :Mr. Sangeet Deokuliar, Adv. For the Opposite Party/s :Mr. Sri Shyam Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2017 Heard both sides.

This is the second attempt for grant of anticipatory bail by the petitioners who apprehending their arrest in Paharpur P.S.Case No. 99 of 2016 under Sections 147,148,149,341,323,324,326,379,307,504 and 506 of the Indian Penal Code.

The prayer for anticipatory bail petition of the petitioners was earlier rejected by this Court vide order dated 06.12.2016 passed in Cr.Misc.No.41282/2016. Learned counsel for the petitioners submits

Patna High Court Cr.Misc. No.37928 of 2017 (2) dt.30-08-2017 that there is general and omnibus allegation against the petitioners but from perusal of the order dated 06.12.2016, it appears that the petitioners and others indiscriminately assaulted the informant and corresponding injuries were found. Two injuries were grievous in nature. On consideration of the aforesaid facts, the prayer for anticipatory bail of the petitioners was rejected but the petitioners did not surrender in the court below and has filed this petition again for grant of anticipatory bail.

Considering the facts aforesaid, I do not find any fresh ground to consider the anticipatory bail petition of the petitioners. Accordingly, the same is rejected once again.

(Prabhat Kumar Jha, J) Nitesh/- U T