Dhaneshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35197 of 2020 Arising Out of PS. Case No.-106 Year-2019 Thana- RAHIKA District- Madhubani ====================================================== 1.

Dhaneshwar Mahto, Son of Late Satish Mahto Resident of village- Satghara, P.s.- Rahika, District- Madhubani, At present residing at Mohalla- Gola Road, Bakerganj, P.s.- Pibahore, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-03-2021 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Rahika P. S. Case No. 106 of 2019, dated 21.08.2019, instituted for the offences under Sections 147, 148, 149, 341, 323, 504, 506, 332, 333, 337, 338, 188, 427 and 353 of the Indian Penal Code.

With respect to the murder of one Ajit Kumar, a protest was staged on the road. The protesters are said to have indulged in vandalism.

Patna High Court CR. MISC. No.35197 of 2020(2) dt.23-03-2021 2/3 The learned counsel for the petitioner has submitted that he has been made accused in this case only on the basis of some stray statement by someone that the petitioner also was present along with the protesters. On the day when the occurrence is said to have taken place, the petitioner was not in town but was in Patna for some personal work.

Similarly situated accused persons of this case have been granted anticipatory bail by different Benches of this Court.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - I, Madhubani, in connection with Rahika P.

Patna High Court CR. MISC. No.35197 of 2020(2) dt.23-03-2021 3/3 S. Case No. 106 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T