Shankar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21636 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Shankar Mahto

2. Raja Ram Mahto Both Son of Late Lal Babu Mahto

3. Tufan Kumar @ Tufani Kumar

4. Dharmendra Kumar @ Dharmendra Mahto

5. Vivek Kumar @ Jisu 3 to 5 are Sons of Late Ramashish Mahto

6. Pappu Kumar Son of Late Hare Krishna Mahto All Resident of VillageSheetalpatti (Bheja Dih), Police Station- Samastipur Muffasil, DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-07-2017 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.3, Tufan Kumar @ Tufani Kumar, since during the pendency of this application he has been arrested.

Such permission is accorded.

Accordingly, the application of petitioner no. 3 Tufan Kumar @ Tufani Kumar is dismissed, as withdrawn. Heard learned counsel for the petitioners no. 1, 2 and 4 to 6 and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mufassil P.S. Case No. 30 of 2017 registered under Sections 147, 148, 149, 448, 341, 323, 324, 307, 504 and 506 of the Indian

Patna High Court Cr.Misc. No.21636 of 2017 (3) dt.24-07-2017 2/2 Penal Code.

Learned counsel appearing on behalf of the petitioners submits that there is general and omnibus allegation against the petitioners. Further submission is that no specific allegation has been alleged against the petitioners. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner no. 1 Shankar Mahto with submission that there is specific allegation against him in paragraph no. 25, 29 and 30 of the case diary. Having considered the facts and circumstances of the case, let the above named petitioner nos. 2, 4 to 6 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Samastipur in connection with Samastipur Mufassil P.S. Case No. 30 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

As far as petitioner no. 1, Shankar Mahto is concerned, his prayer for bail is rejected.

(Arvind Srivastava, J) Shailendra/- U T