Subodh Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57090 of 2017 Arising Out of PS.Case No. -25 Year- 2002 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Subodh Mahto

2. Shanker Mahto Both are Sons of Suraj Narayan Mahto Resident of Village- Maheshpur, P.S.Piri Bazar, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Suryagarha (Piri Bazar) P.S. Case No. 25 of 2002 instituted for the offence under Sections-324, 341, 307/34 of the IPC and 27 of the Arms Act as well as 3⁄4 of Explosive Substances Act.

From the impugned order, it appears that cognizance has been taken by order dated 01-08-2003 and the petitioners have not appeared after various coercive steps taken by the court. Counsel for the petitioner has submitted that initially final form was submitted by the police vide Annexure-2. and learned Magistrate after differing with the final form has taken cognizance against these petitioners.

Therefore, this court is not inclined to grant anticipatory bail

Patna High Court Cr.Misc. No.57090 of 2017 (3) dt.07-12-2017 2/2 to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected.

The petitioners are directed to surrender in the court below and seek regular bail which will be considered and disposed of on the same day on its own merit without being prejudiced by this order after taking into consideration the facts that police earlier has after investigation submitted final form against these petitioners.

(Sanjay Priya, J) A.K.V./- U T