Krishnadev Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18489 of 2015 Arising Out of PS.Case No. -25 Year- 2013 Thana -SC/ST P.S. District- MUZAFFARPUR ======================================================
1. Krishnadev Mahto Son of Late Dahaur Mahto Resident of Village Madapur Chaubey, P.S.- Sadar District Muzaffarpur
2. Lallu Mahto Son of Late Dahaur Mahto Resident of Village Madapur Chaubey, P.S.- Sadar District Muzaffarpur
3. Gagandev Mahto Son of Late Dahaur Mahto Resident of Village Madapur Chaubey, P.S.- Sadar District Muzaffarpur
4. Ravi Mahto Son of Late Dahaur Mahto Resident of Village Madapur Chaubey, P.S.- Sadar District Muzaffarpur
5. Bhola Mahto Son of Kishandev Mahto Resident of Village Madapur Chaubey, P.S.- Sadar District Muzaffarpur
6. Pintu Mahto Son of Late Dhruv Mahto Resident of Village Madapur Chaubey, P.S.- Sadar District Muzaffarpur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Prakash Shrarma For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 30-07-2015 Let the petitioners surrender and pray for regular bail before the learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur SC/ST P.S. Case No. 25 of 2013. The court below shall consider that all offences under the Indian Penal Code are bailable and that it could be debatable as to whether Section 3(1)(x)(xi) of the SC/ST Act could be attracted under the facts and circumstances of the case. Let the court below also keep in its mind that mere insertion of any provision or any section of any Act does not deprive a person who could be otherwise entitled to bail and
Patna High Court Cr.Misc. No.18489 of 2015 (3) dt.30-07-2015 2 / 2 protection of his right of enjoying of liberty. With the above observations, the petition stands disposed of.
(Dharnidhar Jha, J.) Sanjay/- U T