Subodh Kumar Mahton @ Sanoj Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38451 of 2022 Arising Out of PS. Case No.-3 Year-2021 Thana- LACHHUAR District- Jamui ====================================================== Subodh Kumar Mahton @ Sanoj Mahton S/O Deonandan Mahto Resident Of Village- Darkha, P.S.- Lachhuar, District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39683 of 2022 Arising Out of PS. Case No.-3 Year-2021 Thana- LACHHUAR District- Jamui ====================================================== Chandan Mahton @ Chandan Kumar Son Of Lalit Mahto R/O VillageDarkha, P.S.- Lachhuar, District- Jamui ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 38451 of 2022) For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 39683 of 2022) For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 188, 323, 325, 307, 353, 332, 333, 427, 436 of the Indian

Patna High Court CR. MISC. No.38451 of 2022(2) dt.15-11-2022 2/2 Penal Code and Section 3⁄4 of the Damage of Property Act. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the petitioners were member of unlawful assembly constituting a mob which attacked upon law enforcing agency and taken the law in their hand and burnt the government vehicles. He further submits that the petitioners have been identified on the ground of video footage with the help of Chowkidar.

Considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Lachhuar P.S. Case No. 03 of 2021.

devendra/- (Anjani Kumar Sharan, J) U T