Sanjay Mahto @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50106 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== SANJAY MAHTO @ BIRENDRA KUMAR S/o Shambhu Mahto R/o village- Rudalpur, P.S.- Yogapatti, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Yogapatti P.S. Case no. 133 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 325, 354B, 379, 447, 427, 504 and 506/34 of the Indian Penal Code. As per allegation in the FIR, fifteen named accused persons including the petitioner started abusing and assaulting the informant and his family members by means of various weapons.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He was simply a

Patna High Court CR. MISC. No.50106 of 2021(2) dt.04-04-2022 2/2 member of the mob. There is case and counter case. General and omnibus allegations have been levelled against the petitioner. Both parties are agnates. Similarly situated co-accused persons have already been granted bail by this Court on 13.12.2021 passed in Cr. Misc. No. 18084 of 2021.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Yogapatti P.S. Case no. 133 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U