Mahabir Mahto @ Mahavir Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33249 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================
1. Mahabir Mahto @ Mahavir Mahto , S/o Police Mahto.
2. Baijnath Mahto, S/o Nathuni Mahto @ Nathuni Koiri.
3. Police Mahto @ Pulis Mahto, S/o Late Keshwar Mahto.
4. Suraj Mahto @ Surya Mahto,
5. Awadhesh Mahto,
6. Ganesh Mahto All S/o Kashinath Mahto, all are resident of Vill.- Randadih, P.S.- Sahpur, Dist.- Bhojpur.
.... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Adv. For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Sahpur P.S. Case No.171 of 2016, registered for the offence punishable under Sections 147, 148, 149, 323, 341 and 307 of the Indian Penal Code and 27 of the Arms Act.
Allegation has been made against the petitioners to assaulted the informant side by stick and iron rod. Specific allegation has been made against petitioner no.2 to have inflicted stick blow on the head of Hareram Mahto. Petitioner
Patna High Court Cr.Misc. No.33249 of 2017 (2) dt.24-07-2017 2/2 no.1 inflicted rod blow on Vikrama Mahto, but he raised his hands, which caused fracture on his thumb.
Looking to the aforesaid facts, let the above-named petitioner nos. 1, 3, 4, 5 and 6 be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIV, Bhojpur at Ara, in connection with Sahpur P.S. Case No.171 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far as the bail of petitioner no.2 is concerned, the same is rejected. If the petitioner surrenders before the Court below within four weeks from today and prays for bail, the court below will pass the order in accordance with law on the same day without being influenced by the order of this Court. (Shivaji Pandey, J) pawan/- U T