Kishore Kumar @ Kishore Kumar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42717 of 2017 Arising Out of PS.Case No. -202 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kishore Kumar @ Kishore Kumar Mahto, Son of Late Rajdeo Prasad.

2. Dhiraj Kumar Son of Dinesh Prasad,

3. Dinesh Prasad @ Dinesh Prasa Son of Mangani Mahto,

4. Subash Prasad @ Subhash Mahto Son of Dindayal Mahto,

5. Balram Mahto @ Baliram Mahto Son of Dindayal Mahto,

6. Krishna Prasad Son of Dindayal Mahto,

7. Awadhlal Prasad @ Awadhlal Mahto Son of Basudeo Mahto, All are R/o Village- Khairatia Baldiha, P.S.- Jogapatti (Nawalpur), West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in connection with Jogapatti (Nawalpur ) P.S.Case No. 202 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code.

Submission of the learned counsel for the petitioners is that during occurrence of assault, there is general and omnibus allegation against other petitioners save and except specific allegation against petitioner

Patna High Court Cr.Misc. No.42717 of 2017 (2) dt.21-09-2017 Dinesh Prasad @ Dinesh Prasa to have caused injury at the head of the informant.

Considering the fact that petitioner Dinesh Prasad @ Dinesh Prasa had knowledge that his act might cause injury, I am not inclined to grant the petitioner on anticipatory bail. Hence, the prayer for anticipatory bail of petitioner Dinesh Prasad @ Dinesh Prasa is refused. Let the petitioner Kishore Kumar @ Kishore Kumar Mahto, petitioner Dhiraj Kumar , petitioner Subash Prasad @ Subhash Mahto, petitioner Balram Mahto @ Baliram Mahto, petitioner Krishna Prasad and petitioner Awadhlal Prasad @ Awadhlal Mahto, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.

20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District-West Champaran /successor Court in connection with Jogapatti (Nawalpur ) P.S.Case No.

Patna High Court Cr.Misc. No.42717 of 2017 (2) dt.21-09-2017 of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T