Ram Naresh Mahton @ Naresh Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40930 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

RAM NARESH MAHTON @ NARESH MAHTON Son of Balram Mahto Resident of village - Khanjahanpur, P.s. - Cheriabariyarpur, Distt. - Begusarai 2.

Manjesh Kumar Mahton @ Manjesh Kumar Son of Ram Pravesh Mahto Resident of village - Khanjahanpur, P.s. - Cheriabariyarpur, Distt. - Begusarai 3.

Raman Kumar @ Rawan Mahton Son of Rajesh Mahto Resident of village - Khanjahanpur, P.s. - Cheriabariyarpur, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 354, 504, 506, 34 and Section 307 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that even allegation of assault is not alleged

Patna High Court CR. MISC. No.40930 of 2023(2) dt.03-08-2023 2/3 against the petitioners rather is alleged against Sanjay and Pramod of assaulting the son of the informant. It is further submitted that petitioner nos. 1 and 2 were on police bail during the course of investigation and after investigating the case threadbare, charge sheet under bailable Sections came to be submitted against the petitioner nos. 1 and 2 and Final Form was submitted in favour of the petitioners but the learned Court differing with the police report took cognizance under Section 307 of the Indian Penal Code and thus the petitioners apprehend their arrest.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Cheriabariyapur P.S. Case No. 103 of 2022

Patna High Court CR. MISC. No.40930 of 2023(2) dt.03-08-2023 3/3 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T