Hajari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38010 of 2020 Arising Out of PS. Case No.-164 Year-2020 Thana- PARSA District- Saran ====================================================== 1.

HAJARI MAHTO, Son of Kauleshar Mahto Resident of Village - Fatehpur, P.S. - Parsa, District - Saran (Chapra) 2.

Ranjanb Kumar, Son of Raj Narayan Mahto Resident of Village - Fatehpur, P.S. - Parsa, District - Saran (Chapra) 3.

Sanjit Kumar @ Sanjit Mahto, Son of Chandeshwari Mahto @ Chandeshwar Mahto Resident of Village - Fatehpur, P.S. - Parsa, District - Saran (Chapra) 4.

Ranjit Kumar @ Ranjit Mahto, Son of chandeshwari Mahto @ Chandeshwar Mahto Resident of Village - Fatehpur, P.S. - Parsa, District - Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2021 Mr. Ajay Kumar Tiwary, learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner nos. 1, 2 and 4.

The application with respect to petitioner nos. 1, 2 and 4 is dismissed as withdrawn.

Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioners; Mr. Rajesh Kumar Singh, learned counsel for the informant; and Mr. Zainul Abedin learned APP for the State.

Patna High Court CR. MISC. No.38010 of 2020(2) dt.15-04-2021 2/3 The petitioner no. 3 seeks bail in anticipation of his arrest in connection with Parsa P. S. Case No. 164 of 2020, dated 05.06.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 504 and 307of the Indian Penal Code.

Though there is no specific accusation against the petitioner and the allegation is general and omnibus but eight persons are said to have been injured and out of them, two have been referred to PMCH for further treatment.

The learned counsel for the petitioner has submitted that there is a counter version of the occurrence also and the petitioner himself has been injured in the occurrence.

Notwithstanding the afore-stated facts, I am not inclined to grant anticipatory bail to petitioner no. 3. His prayer for anticipatory bail is rejected. However, if he surrenders before the court below and seeks bail, the court below shall take into

Patna High Court CR. MISC. No.38010 of 2020(2) dt.15-04-2021 3/3 account the aforesaid facts, viz, the general and omnibus allegation against all the accused persons including the petitioner; that there is a counter case; and the petitioner himself having been injured, and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition has not been entertained by this Court.

(Ashutosh Kumar, J) skm/- U T