Shailesh Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39462 of 2021 Arising Out of PS. Case No.-245 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== 1.

SHAILESH MAHATO S/O Yogendra Mahato R/O Village Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran. 2.

ARVIND KUMAR S/o Raghunath Shastry R/O Village Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran. 3.

RAJENDRA PRASAD S/O Bala Prasad R/O Village Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran.

4.

OSREE MANJHI @ OSAREE MANJHI S/O Timal Manjhi R/O Village Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 332, 333, 323, 325, 504, 307, 267, 353, 268, 269, 270, 271 & 188 of the Indian Penal Code.

Patna High Court CR. MISC. No.39462 of 2021(2) dt.21-03-2022 2/3 The allegation against the petitioners is that they along with several other co-accused persons, variously armed, have ransacked the house of Thug Mian. Petitioners are said to be the members of the mob.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Although the petitioners are alleged to be members of the unlawful assembly but no specific over act has been attributed against them. Petitioners have one criminal antecedent and several similarly situated coaccused persons have been enlarged on anticipatory bail by this Court vide Cr. Misc No.24972 of 2021 dated 17.01.2022. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners and similarly situated co-accused have been enlarged on anticipatory bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.39462 of 2021(2) dt.21-03-2022 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nautan (Jagdishpur) P.S. Case No.245 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T