Birendra Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37594 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -FULKAHA District- ARRARIA ======================================================

1. Birendra Mahto

2. Bhatel Mahto Both sons of Late Juggi Mahto resident of Manikpur, Ward No. 15, P.S. Fulkaha, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. R.P.S.Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Fulkaha P.S. Case No. 11 of 2015, disclosing offences under Sections 147,341,323,325,354A,448,504,506,436 of the Indian Penal Code.

Allegedly, the First Information Report named accused persons, 15 in number entered into the house of the informant and started assaulting the informant and her mother-in-law. As against petitioner Nos. 1 and 2, it is alleged that they set the house of the informant on fire.

The petitioner no.1, Birendra Mahto having been

arrested, his application for grant of anticipatory bail came to be disposed of as infructuous by an order dated 24.09.2015 passed in this case. It appears from the case diary that petitioner no.1 has been granted regular bail by the Court below. Learned counsel appearing on behalf of the petitioner submits that there is vague allegation of setting the house on fire. Other allegations are also general and omnibus. He also submits that the police did not find any sign of arson in course of investigation as is evident from the case diary. Such submissions could not be countered by the learned Additional Public Prosecutor appearing on behalf of the State. In view of the facts and circumstances of the case and the submissions advanced on behalf of the parties and considering the fact that petitioner No.

1 has been granted regular bail by the Court below, this application to the extent it relates to petitioner No.2 Bhatel Mahto is allowed. Let the petitioner No.2 abovenamed in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in Fulkaha P.S. Case No.

Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U