Arun Mahto @ Arun Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68647 of 2018 Arising Out of PS. Case No.-261 Year-2018 Thana- ROSERA District- Samastipur ====================================================== ARUN MAHTO @ ARUN KUMAR MAHTO, Son of Late Ganga Mahto, Resident of Village-Batha,P.S. Rosera,Distt.-Samastipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Yogendra Prasad Sinha, Advocate.
For the Opposite Party :
Mr. Narendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 307, 323, 337, 341, 427, 447, 504, 506 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that the petitioner alongwith other co-accused persons variously armed entered the premises of Sundari Devi, Saraswati Vidya Mandir, Bataha. Later on, they entered in the chamber of the Principal of the said School, abused and committed Mar-Pit with him. They damaged the properties of the School as well as vehicle parked in the premises of the School. During the occurrence, some students were also injured. It is further alleged that accused persons fired in the premises of the School.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.
Patna High Court Cr.Misc. No.68647 of 2018(2) dt.28-11-2018 2/2 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged incident has taken place due to handing over charge of the Incharge Principal of the said School. None is said to have been injured in course of occurrence. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Samastipur, in connection with Rosera P.S. Case No. 261/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K.//- (Sudhir Singh, J) U T