Shiv Kumar Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40433 of 2015 Arising Out of PS.Case No. -519 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Shiv Kumar Mahto

2. Mritunjay Mahto,

3. Murkhia Mahto, Sons of Lt Bhuneshwar Mahto,

4. Jawahar Choudhary, S/o Rameshwar Choudhary,

5. Arun Verma, Son of Late Kamal Mahto,

6. Ishwar Dayal Mahto, S/o Sh Wakil Mahto,

7. Bhimsen Bhagat @ Bhimsen, Son of Late Mohan Bhagat,

8. Gokhul Chand Verma @ Gokul Chand Kushwaha, S/o Lt Guljari Mahto. All residents of village - Pareo, P.S. - Bihta, District -Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 12-10-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in connection with a case registered for the offences under Section 307 and other allied Sections of the Penal Code. They are said to have assaulted the informant with lathi, gandasa and other weapons. The injury report is not on record.

In the circumstances, I direct the petitioners to surrender in the court below within a period of four weeks from the date of receipt/ production of a copy of this order in the court

Patna High Court Cr.Misc. No.40433 of 2015 (2) dt.12-10-2015 2/2 below. The court below shall call for the case diary and the injury report, verify therefrom that the overt act alleged is corroborated as found on the person of the informant and other injured. Those petitioners, whose overt act is corroborated, their request for grant of regular bail be considered in accordance with law, but other petitioners, whose overt act is not corroborated by the injury report, should be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/-(Rs. Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in connection with Bihta P.S. Case No. 519/14, subject to the conditions laid down under Section 438(2) Cr.P.C.. Verification be completed within a period of two weeks from the date of receipt/ production of a copy of this order. Until verification no coercive steps be taken against the petitioners. This petition is, accordingly, disposed of.

(V.N. Sinha, J) Rajesh/- U T