Bhola Kumar @ Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44228 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

BHOLA KUMAR @ BHOLA MAHTO, aged about 20 years, Male, Son of Dwarika Mahto 2.

Arun Kumar @ Arun Mahto, aged about 19 years(Male), Son of Lagan Mahto Both Residents of Village - Mauza Mathiya, P.S.- Town, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2019 Learned counsel for the petitioners is permitted to correct the father's name of Bhola Kumar during the course of the day.

Heard both sides.

The petitioners apprehend their arrest in Gopalganj(Town) P.S. Case No.379 of 2018 registered under Sections 307, 380 and other Sections of the Indian Penal Code. The informant filed Complaint Case No.2346 of 2017 on 12.10.2017 on the basis of which present F.I.R. was lodged. The informant alleged that on 19.08.2017 at about 7.00 in the evening, all the accused persons having armed with different

Patna High Court CR. MISC. No.44228 of 2019(2) dt.18-07-2019 2/3 weapons came to her darwaza and began to abuse. The accused persons assaulted the informant and other family members. The learned counsel for the petitioners submits that Gopalganj Nagar P.S. Case No.361 of 2017 was registered on the basis of the statement of Dwarika Mahto on 20.08.2017 itself in which Dwarika Mahto made Manager Mahto and others as accused for assault and murder of Kameshwar Mahto, brother of Dwarika Mahto. To save the skin of her husband and other family members, Kanti Devi lodged the case after 48 days of the occurrence. It is further submitted that all other accused persons have already been granted anticipatory bail by order dated 15.03.2019 passed in Cr. Misc. No.16535 of 2019.

Taking into consideration the facts aforesaid and the fact that no specific allegation of assault is made against the petitioners and the case of the petitioners stands on same footing as that of other accused persons who have already been granted anticipatory bail, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.44228 of 2019(2) dt.18-07-2019 3/3 Gopalganj in connection with Gopalganj(Town) P.S. Case No.379 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T