Haricharan Mahto @ Haricharan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38228 of 2019 Arising Out of PS. Case No.-210 Year-2018 Thana- KARAKAT DistrictRohtas ====================================================== 1.

HARICHARAN MAHTO @ HARICHARAN SINGH, aged about 60 years, male, Son of Late Jainath Mahto Resident of Village - Itadhiya, P.S.- Karakat, Distt - Rohtas.

2.

Chandra Shekhar Singh, aged about 58 years, male, Son of late Swarath Singh Resident of Village - Itadhiya, P.S.- Karakat, Distt - Rohtas. 3.

Chandan Kumar @ Chandan Singh, aged about 25 years, Son of Haricharan Singh @ Haricharan Mahto Resident of Village - Itadhiya, P.S.- Karakat, Distt - Rohtas.

4.

Rajballabh Singh @ Raj Ballam Singh, aged about 45 years, male, Son of Ram Bachan Singh Resident of Village - Itadhiya, P.S.- Karakat, Distt - Rohtas.

5.

Vijay Singh, aged about 30 years, male, Son of Haricharan Singh @ Haricharan Mahto Resident of Village - Itadhiya, P.S.- Karakat, Distt - Rohtas.

6.

Bhim Singh, aged about 55 years, Son of late Gurucharan Singh Resident of Village - Itadhiya, P.S.- Karakat, Distt - Rohtas. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Binay Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Karakat P.S. Case No. 210 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The specific accusation of

Patna High Court CR. MISC. No.38228 of 2019(2) dt.27-06-2019 2/2 firing is upon co-accused Ajay Singh causing bullet injury to Jai Kumar. All other injuries are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, District- Rohtas in connection with Karakat P.S. Case No. 210 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T