Shankar Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36448 of 2018 Arising Out of PS. Case No.-118 Year-2016 Thana- CHIKSAUR District- Nalanda ======================================================

1. Shankar Mahto,

2. Rameshwar Mahto, Both Sons of Narsingh Mahto and resident of Village- Amat, P.S.- Chiksaura, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Chiksaura P.S. Case No. 118 of 2016 instituted for the offence under Section(s)147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that there is allegation of causing fire arm injury against co-accused Kishore Mahto. The police after investigation submitted final form showing the petitioners as innocent and not sent up for trial. The Photo Copy of the charge-sheet submitted by the police has been enclosed as Annexure-2. The learned Magistrate has taken cognizance against the petitioners after differing with the police report.

Patna High Court Cr.Misc. No.36448 of 2018(3) dt.03-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Chiksaura P.S. Case No. 118 of 2016, 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 the A.C.J.M.-1st, Hilsa, Nalanda 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) shyambihari/- U T