Suresh Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50153 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -KHIJARSARAI District- GAYA ======================================================

1. Suresh Mahto, Son of Late Raghu Nandand Mahto,

2. Sanjeev Prasad @ Sanjip Prasad, null null

3. Jitendra Prasad, Both sons of Suresh Prasad,

4. Awadhesh Mahto, Son of Raghu Nandan Mahto,

5. Sanjay Prasad, Son of Awadhesh Mahto, All resident of VillageSarbahada Dih, P.S.- Khizarsarai, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Pd, Alok Kr., Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Khizarsarai P.S. Case No. 118 of 2017 (G.R. No. 2665 of 2017) registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. As per F.I.R., allegation against the petitioners is that the petitioners along with one Shailednra Mahto entered into the house of the informant and assaulted the informant, causing injuries and further snatched the articles of " Tilak ceremony". Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case and nothing specific has been found against the petitioners. It is also

Patna High Court Cr.Misc. No.50153 of 2018 (3) dt.30-08-2018 2/2 submitted that there is a case and counter case in between the parties. It is also stated that the petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya in connection with Khizarsarai P.S. Case No. 118 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T