Surendra Mehta @ Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15476 of 2015 Arising Out of PS.Case No. -34 Year- 2013 Thana -KHUDWAN District- AURANGABAD ====================================================== Satyendra Choudhary Son of Ramgati Choudhary resident of village - Malwan, Police Station Khudwan, District - Aurangabad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.18015 of 2015 Arising Out of PS.Case No. -34 Year- 2013 Thana -KHUDWAN District- AURANGABAD ====================================================== Surendra Mehta @ Surendra Mahto Son of Deo Narayan Mahto resident of Village- Bhagwan Bigha, P.S. - Madanpur, District- Aurangabad. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.15476 of 2015) For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. J.N.Thakur(App) (In Cr.Misc. No.18015 of 2015) For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 23.12.2013 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 435, 427, 379 of the

Patna High Court Cr.Misc. No.15476 of 2015 (02) dt.20-05-2015 2/3 Indian Penal Code, 27 of the Arms Act and 17 of Criminal Law Amendment Act.

The prosecution case is that the informant being driver of JCB machine employed by a construction company namely, M/s. Mungeshwari Construction has alleged that eight unknown persons variously armed came to the place of construction, manhandled and assaulted the villagers and took the informant and JCB machine, put JCB machine on fire and snatched mobile from the possession of the informant and other villagers.

Name of the petitioners sprang up during investigation on the basis of confessional statement of Baliram Yadav and Shambhu Yadav and both have been granted bail. Statements have been made in both the petitions that no recovery has been made from the possession of the petitioners. The investigation has already concluded.

Considering the aforesaid facts, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Khudwan P.S. Case No. 34 of 2013.

Patna High Court Cr.Misc. No.15476 of 2015 (02) dt.20-05-2015 3/3 Considering the serious criminal antecedent of the petitioners, the learned court below will be at liberty to cancel the bail bonds of the petitioners, if they substantially get involved in some serious nature of offence or default for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T