Ramnath Mahto @ Ramnath Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16567 of 2016 Arising Out of PS. Case No. -7 Year- 2016 Thana -RAXAUL District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Ramnath Mahto @ Ramnath Prasad, S/o Chandrika Mahto

2. Manoj Mahto @ Manoj Prasad, S/o Ramdeo Mahto

3. Ajay Mahto @ Ajay Prasad Kushwaha, S/o Basdeo Mahto

4. Vijay Mahto, S/o Badeo Mahto

5. Bishwanath Mahto, S/o late Kanchan Mahto

6. Shivsagar Mahto, S/o late Kanchan Mahto

7. Ashok Mahto, S/o Chandrika Mahto

8. Ramjanam Mahto, S/o Bishwanath Mahto

9. Ram Ekbal Mahto @ Ram Ekbal Prasad ,S/o Chandrika Mahto

10. Abhishek Mahto @ Ahishek Kumar, S/o late Ambika Mahto All are resident of Village-Dumaria, P.S. Raxaul, Distt East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Singh (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners, State and the informant.

The petitioners apprehend their arrest in a case under Sections 447, 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

The informant, Sanjay Mahto, alleged that in the morning of 08.01.2016, the accused persons came to his house and assaulted him, his mother and other family members. Learned counsel for the petitioners submits that there is a case and counter case, in which their side has also sustained grievous injuries. He further submits that though there is specific

Patna High Court Cr.Misc. No.16567 of 2016 (2) dt.02-05-2016 2/2 allegation against some of the accused persons, but no specific allegations have been levelled against these petitioners, who were armed with lathi and Fattha. He further submits that there is general allegation that all of them surrounded the prosecution side and committed assault.

Counsel for the informant submits that three persons on his side have also sustained grievous injuries. Having regard to the allegations levelled against the petitioners and also in view of the fact that there is a case and counter case and both sides have sustained injuries, in the event of arrest or surrender before the court below within four weeks from today the above named petitioners be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Raxaul, East Champaran in connection with Raxaul P.S. Case no. 07 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C. It goes without saying that if there is any misuse of privilege of bail, the informant would make an application for cancellation of their bail bonds.

(Samarendra Pratap Singh, J.) Uday/- U T