Patna High CourtCR. MISC./44439/2017bail granted

Sunil Mahto v. The State Of Bihar

2017-09-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44439 of 2017 Arising Out of PS.Case No. -151 Year- 2014 Thana -JALALPUR District- SARAN ====================================================== Sunil Mahto, son of Rajdeo Mahto, Resident of Village- Puchri, Police Station- Baniyapur, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate For the Opposite Party : Mr. Sri Umeshnand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Jalalpur P.S. Case No. 151 of 2014, registered for the offence punishable under Section 386/34 of the Indian Penal Code. Allegedly, the petitioner and other co-accused assaulted the informant and due to alarm being raised, the villagers came and then two co-accused were apprehended who stated their names as Satendra Pandey and Vipin Kumar Singh and further stated the name of the petitioner and Ashok Sah that they fled away and in the meantime Satendra Pandey and Vipin Kumar Singh escaped themselves in the house of Kanhaiya Singh then police came and arrested them.

Patna High Court Cr.Misc. No.44439 of 2017 (2) dt.22-09-2017 2/2 Submission is of false implication and that the name of the petitioner has come in the confessional statement of coaccused, they have taken name of the petitioner due to enmity, there is no specific allegation against the petitioner and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court of Sri Arvind, Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Jalalpur P.S. Case No. 151 of 2014, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T