Indradeo Singh @ Indradeo Mahto @ Indradev Mahtoand ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47287 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Indradeo Singh @ Indradeo Mahto @ Indradev Mahto, son of Ramkhelawan Mahto,
2. Chunchun Singh @ Chunchun Mahto, son of Ramkhelawan Mahto,
3. Rajsahi Kumar, son of Chunchun Singh @ Chunchun Mahto, resident of Village- Laxmipur Dhabauli, Police Station- Muffasil (Lakho), DistrictBegusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP For the Informant : Mr. Vijay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 21-08-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Begusarai Muffasil (Lakho OP) P.S. Case No.39 of 2018 instituted for the offence under Section(s) 302, 384/34 Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioners submits that in the written report there is specific allegation against co-accused, Raj Babu Singh, of causing fire arm injury to grandson of the informant.
There is general and omnibus allegation against
Patna High Court Cr.Misc. No.47287 of 2018 (2) dt.21-08-2018 2/3 petitioner Nos.1 and 2 that they were armed with fire arm and made demand of Rangdari. There is no allegation against petitioner no.3.
It has been submitted that the police after investigation submitted final form against the petitioners, but cognizance has been taken against these petitioners also. Final form submitted by the police has been annexed as Anneuxre-3 series.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Begusarai Muffasil (Lakho OP) P.S. Case No.39 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable
Patna High Court Cr.Misc. No.47287 of 2018 (2) dt.21-08-2018 3/3 reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T