Bihari Mahto And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.471 of 2016 (3) dt.24-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.471 of 2016 Arising Out of PS.Case No. -15 Year- 2014 Thana -REVELGANJ District- SARAN ======================================================

1. Bihari Mahto, son of Ram Singh Mahto

2. Shyam Babu Mahto, Son of Late Sudarshan Mahto

3. Laddu Mahto, Son of Baijnath Mahto

4. Channa Mahto, Son of Bishwanath Mahto

5. Gautam Mahto, Son of Sadhu Mahto All are resident of Village- Bintoli Adda, Sahebganj Sonarpatti, P.S. Chapra Town, District- Saran. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Revelganj P.S. Case No. 15/2014 registered for offences punishable under Sections 272, 273 of the Indian Penal Code, Section 47 (A) Excise Act and Section 20 (B) N.D.P.S. Act. It is contended that petitioners have been named in the First Information Report on the basis of suspicion as allegedly information was given by some persons who have not been named in the First Information Report. It is contended that the antecedents of petitioner nos. 1, 2 and 5 are clear, however,

Patna High Court Cr.Misc. No.471 of 2016 (3) dt.24-02-2016 petitioners no. 1, 2 and 5 have been implicated in another case registered as Revelganj PS case no. 173/15 under Section 47(A) Excise Act after having been implicated in the present case. It is further contended that, in police case diary, there is no material available to indicate the involvement of the petitioners in this case. It has been submitted that recovery is from the bank of Saryu River and nothing has been recovered from their personal possession.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Bihari Mahto, Shyam Babu Mahto, Laddu Mahto, Channa Mahto and Gautam Mahto be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Revelganj P.S. Case No. 15/2014, on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J.) rinkee/- U T