Prakash Mahto @ Ashok Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26727 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Prakash Mahto @ Ashok Mahto, Son of Garv Mahto, Resident of Ward No. 24, Mohalla- Baigra Satsang Nagar, Police Station- Katihar Town, District- Katihar.

2. Niraj Kumar Bhagat, Son of Harendra Bhagat, Resident of MohallaDehariya Gachhi Tola, Police Station- Katihar Town, District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Katihar Muffasil P.S. Case No. 143 of 2017 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that Fard-e-beyan is against unknown. The name of this petitioner has come in the supervision note of the police during investigation. The learned Sessions Judge has also mentioned in the impugned order that name of this petitioner has surfaced during course of investigation.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.26727 of 2018 (3) dt.19-06-2018 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Katihar Muffasil P.S. Case No. 143 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T