Saryug Mahto @ Suthaniya @ Suthani Mahto@ Saryug v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39568 of 2020 Arising Out of PS. Case No.-165 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== SARYUG MAHTO @ SUTHANIYA @ SUTHANI MAHTO@ SARYUG S/o Shambhu Mahto R/o village- Pakri Kanth, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Lalganj P.S. Case No. 165 of 2019 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 324, 395, 354(A), 354(B), 353, 427, 504, 506 and 325 of the Indian Penal Code and 27 of the Arms Act.

A supplementary affidavit has been filed on behalf of the petitioner bringing on record the order dated 17-12-2019 passed in A.B.P. No. 2997 of 2019 by which anticipatory bail of the petitioner was rejected by the court of Sessions. Further the

Patna High Court CR. MISC. No.39568 of 2020(3) dt.24-09-2021 2/3 petitioner, in his supplementary affidavit, has brought on record the order of grant of anticipatory bail to the co-accused by a coordinate bench of this court.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Both parties are agnates. General and omnibus allegation has been made against the petitioner. The matter has been compromised between the parties. The other co-accused with similar allegation has been granted anticipatory bail by a coordinate bench of this court by order dated 17-12-2020 & some of the accused persons vide Annexure-2 series have been granted anticipatory bail by different coordinate benches of this court.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with

Patna High Court CR. MISC. No.39568 of 2020(3) dt.24-09-2021 3/3 Lalganj P.S. Case No. 165 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T