Sharvan Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28258 of 2018 Arising Out of PS.Case No. -213 Year- 2017 Thana -SIDHWARA District- DARBHANGA ======================================================

1. SHARVAN MAHTO

2. Pawan Mahto

3. Pappu Mahto

4. Arjun Mahto@ Arjun Kumar

5. Rahul Mahto@ Rahul Kumar All Sons of Yogendra Mahto

6. Yogendra Mahto Son of late Chalitar Mahto All Resident of VillageBhajaura, P.S. Singhwara(Singhwada), District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 448, 354, 379, 504 and 506/34 of the Indian Penal Code in connection with Singhwara P.S. Case No. 213/2017. Allegation against petitioner no. 4 is of assaulting the informant by Hasuli and against other petitioners is of assaulting the wife of the informant and of divesting her belongings. Submission of the learned counsel for the petitioners is that for the occurrence of the same day, petitioner no. 5 had filed a case against the informant being Singhwara P.S. Case No. 156/2017

Patna High Court Cr.Misc. No.28258 of 2018 (2) dt.17-05-2018 2/2 and he was taken into custody. After getting bail in the said case, the present case has been lodged by the informant (accused of Singhwara P.S. Case No. 156/2017). There is no injury report of the informant.

Heard learned Additional Public Prosecutor also. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Darbhanga in connection with Singhwara P.S. Case No. 213/2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors should be close relative of the petitioners and another having sufficient immovable property within the jurisdiction of the court below and the petitioners will cooperate in disposal of the trial and will make themselves available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of their bail bonds.

(Vinod Kumar Sinha, J.) Rakhi U T