Sanjeev Kumar @ Sanjeev Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36070 of 2022 Arising Out of PS. Case No.-599 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
Sanjeet Mahto @ Sanjeet Kumar Son of Umashankar Mahto Resident of village - Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, District - Muzaffarpur.
2.
Ajay Kumar @ Ajay Mahto Son of Rameqbal Mahto Resident of village - Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, District - Muzaffarpur. 3.
Tullu Kumar @ Tullu Mahto Son of Harishankar Mahto Resident of village - Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, District - Muzaffarpur. 4.
Manish Kumar @ Manish Mahto Son of Shambhu Mahto Resident of village - Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36187 of 2022 Arising Out of PS. Case No.-599 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
Rakesh Kumar @ Sahil Raj Son Of Jaldhari Mahto @ Laldhari Mahto R/O Village- Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, DistrictMuzaffarpur 2.
Mukesh Kumar @ Mukesh Mahto Son Of Jaldhari Mahto @ Laldhari Mahto R/O Village- Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, DistrictMuzaffarpur 3.
Chandan Kumar @ Chandan Mahto Son Of Laloo Mahto R/O Village- Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, District- Muzaffarpur 4.
Guddu Kumar @ Guddu Mahto Son Of Laloo Mahto R/O Village- Bela Pachgachiya, P.O.- Japaha, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46346 of 2022 Arising Out of PS. Case No.-599 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
Sanjeev Kumar @ Sanjeev Mahto S/o- Brij Kishore Mahto Resident of
2/4 Village - Bela Pachgachhia, P.S.- Ahiyapur, Distt.- Muzaffarpur. 2.
Rajeev Kumar S/o- Brij Kishore Mahto Resident of Village - Bela Pachgachhia, P.S.- Ahiyapur, Distt.- Muzaffarpur. 3.
Amit Kumar Son of Raj Kishore Mahto Resident of Village - Bela Pachgachhia, P.S.- Ahiyapur, Distt.- Muzaffarpur. 4.
Mukesh Mahto @ Mukesh Kumar Son of Mahadeo Mahto Resident of Village - Bela Pachgachhia, P.S.- Ahiyapur, Distt.- Muzaffarpur. 5.
Tinku Kumar Son of Ram Dayal Mahto Resident of Village - Bela Pachgachhia, P.S.- Ahiyapur, Distt.- Muzaffarpur. 6.
Jitendra Kumar Son of Birbahadur Mahto Resident of Village - Bela Pachgachhia, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 36070 of 2022) For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Navin Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 36187 of 2022) For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Navin Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 46346 of 2022) For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ahiyapur P.S. Case no. 599 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 337, 338, 307, 427, 504, 506 of the Indian Penal Code. As per allegation in the FIR, petitioners along with
3/4 other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against them. They were only the member of the mob. They have been falsely been implicated in this case due to high handedness of the police and the informant of the said case is also a police official. Injury received by the injured is simple in nature. The main allegation is against co-accused Satyanarayan Mahto who was leading the group.
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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ahiyapur P.S. Case no. 599 of 2020, they 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, Muzaffarpur
4/4 subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) shivani/- U