Ramdayal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49581 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Ramdayal Mahto Son of Satrudhan Mahto Resident of Village - Madanpur Bintoli, Police Station - Awatarnagar, District - Saran. 2.

Santosh Mahto Son of Satrudhan Mahto Resident of Village - Madanpur Bintoli, Police Station - Awatarnagar, District - Saran. 3.

Chhathi Devi Wife of Ramdayal Mahto Resident of Village - Madanpur Bintoli, Police Station - Awatarnagar, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 At the outset, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with regard to petitioner Nos. 1 and 2.

2. Permission is granted.

3. The anticipatory bail application with regard to petitioner Nos. 1 and 2 is, accordingly, dismissed as withdrawn.

4. Petitioner No. 3 apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 224, 225, 341, 323, 353, 307, 332, 333, 504, 506 of the Indian Penal Code and Sections 30(a)/45 of the Bihar Prohibition and Excise Act.

5. As per prosecution case, all the F.I.R. named

Patna High Court CR. MISC. No.49581 of 2024(3) dt.13-09-2024 2/2 accused persons including this petitioner along with 40-50 unknown persons attacked the police party as a result of which they sustained injury and accused persons also damaged the vehicles of police party.

6. Learned counsel for the petitioner submits that allegation against the petitioner is general and omnibus. Petitioner is lady and claims clean antecedent.

7. Learned A.P.P. for the State vehemently opposed the bail application.

8. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner No. 3 in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Exclusive Special Excise Judge, Saran at Chapra in connection with Awatarnagar P. S. Case No. 65 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T