Harendra Mahato And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38749 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Harendra Mahato, Son of Dashrath Mahato,
2. Dharmendra Mahto, Son of Dashrath Mahato, Both are R/o VillageJigna Gopal, P.S.- Mirganj, District- Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Mirganj P.S. Case No. 160 of 2017 instituted for the offence under Sections 341, 323, 504, 448, 354 and 34 of the Indian Penal Code. It is alleged that for throwing Garbage, altercation took place between the petitioners and informant. The petitioner No. 1 is alleged to caught hold the hand of the informant and petitioner No. 2 assaulted him with fists and slaps. Co-accused Harendra Mahto torn the blouse of the informant. As such, there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the
Patna High Court Cr.Misc. No.38749 of 2017 (2) dt.24-08-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mirganj P.S. Case No. 160 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T