Nagina Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7573 of 2018 Arising Out of PS.Case No. -578 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Nagina Mahto, Son of Late Doman Mahto,

2. Kum Kum Kumar Son of Nagina Mahto, Both resident of Vill.- Chhoti Pahari, P.S.- Agamkuan, District- Patna.

3. Santosh Kumar, Son of Chandra Deep Mahto.

4. Chandra Deep Mahto @ Chandradeep, Son of Ram Pratap Mahto.

5. Rakesh Mahto @ Rakesh Kumar, Son of Late Kaleshwar Mahto, All petitioner 3 to 5 resident of Village- Bari Pahari, P.S.- Agamkuan, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Agamkuan PS case no. 578 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504, 506 and 427 of the Indian Penal Code. The accused persons are said to have assaulted the informant and his other family members resulting in injuries. The learned counsel for the petitioners submits that the dispute has arisen on account of blocking of the passage by the accused persons. It is further submitted that there is general and

Patna High Court Cr.Misc. No.7573 of 2018 (3) dt.23-02-2018 2/2 omnibus allegation against the petitioners. It is further submitted that as far as the petitioner nos. 1 to 4 are concerned, they have a clean antecedent and as regards the petitioner no. 5 is concerned, it is submitted that baring one case, he has also a clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan PS case no. 578 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T