Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29353 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

LALAN MAHTO Son of Late Paras Mahto Resident of Village- Harpur, P.S.- Dariyapur, District- Saran.

2.

Pramod Mahto Son of Ganga Mahto Resident of Village- Harpur, P.S.- Dariyapur, District- Saran.

3.

Raj Nath Mahto son of Ganga Mahto Resident of Village- Harpur, P.S.- Dariyapur, District- Saran.

4.

Vikram Mahto son of Lalan Mahto Resident of Village- Harpur, P.S.- Dariyapur, District- Saran.

5.

Banarsi Mahto Resident of Village- Harpur, P.S.- Dariyapur, District- Saran. 6.

Manilal Mahto @ Manilal Kumar son of Upendra Mahto Resident of Village- Harpur, P.S.- Dariyapur, District- Saran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Dariyapur P.S. Case No. 19 of 2019 for the offence punishable under Sections 341, 323, 354(B), 504, 506, 427 and 379/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the present First Information Report contains concocted story and is a counter blast to a First Information Report registered by petitioner No.1 as Dariyapur P.S. Case No. 18 of 2019. He has argued that as a matter of fact,

Patna High Court CR. MISC. No.29353 of 2019(2) dt.03-05-2019 2/2 petitioner No.4 was brutally assaulted by the persons named in Dariyapur P.S. Case No.18 of 2019 and in order to create a defence, false case has been registered.

Considering the above submission and the fact that the petitioners, who belong to the same family, have not criminal antecedent, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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 learned A.C.J.M.-IV, Saran, in Dariyapur P.S. Case No. 19 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T