Vikash Mahto @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48727 of 2023 Arising Out of PS. Case No.-883 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.
Vikash Mahto @ Vikash Kumar Son Of Sipahi Mahto Resident Of VillageChitrasenpur, Ps- Sonpur, Distt- Saran 2.
Munna Kumar @ Munna Mahto Son Of Anand Matho Resident Of VillageChitrasenpur, Ps- Sonpur, Distt- Saran 3.
Dhananjay Mahto @ Dhananjay Kumar Mahto Son Of Visheshwar Mahto Resident Of Village- Chitrasenpur, Ps- Sonpur, Distt- Saran 4.
Harai Mahto @ Hare Mahto @ Hareram Mahto Son Of Late Dukhan Mahto Resident Of Village- Chitrasenpur, Ps- Sonpur, Distt- Saran 5.
Bishal Mahto @ Vishal Kumar Son Of Hareram Mahto Resident Of VillageChitrasenpur, Ps- Sonpur, Distt- Saran 6.
Naresh Mahto @ Naresh Kumar Son Of Upendra Mahto Resident Of Village- Chitrasenpur, Ps- Sonpur, Distt- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Adv.
For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 342, 323, 324, 436, 308, 354-B, 379, 504, 506 of the Indian Penal Code.
3. As prosecution case, the petitioners alongwith F.I.R. named accused persons and 20-25 unknown persons
Patna High Court CR. MISC. No.48727 of 2023(4) dt.30-10-2023 2/3 assaulted the informant's son namely, Birju Mahto and Bikram Mahto. It is further alleged that accused persons set to fire his house/hut and petitioners Dhananjay Mahto @ Dhananjay Kumar Mahto and Bishal Mahto @ Vishal Kumar are alleged to have snatched the Mangalsutra, nose-ring and earring of informant's daughter namely Lukani Devi.
4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. Petitioners have no criminal antecedent as mentioned in para-3 of this application. The allegation levelled against these petitioners are not specific rather general and omnibus in nature and in the entire case diary, no injury report was enclosed. He further submits that the injured person was given an application before the police officer stating therein that the treatment was conducted in the private hospital and the injured person has not possessed any medical certificate or prescription.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.48727 of 2023(4) dt.30-10-2023 3/3 within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sonpur P.S. Case No. 883 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J.) mdrashid/- U T